GIFT    OF 
JANE  K.SATHBR 


THE 

LIFE  AND  PUBLIC  SERVICES 

OF 

JAMES    BUCHANAN. 


AUTHORIZED    EDITION. 


THE 


LIFE  AND  PUBLIC  SERVICES 


OP 


JAMES    BUCHANAN 


LATE   MINISTER  TO   ENGLAND   AND   FORMERLY   MINISTER  TO   RUSSIA, 

SENATOR  AND   REPRESENTATIVE   IN   CONGRESS, 

AND   SECRETARY   OP  STATE  ! 


INCLUDING  THE  MOST  IMPORTANT  OF  HIS  STATE  PAPERS, 


BY    R.    G.    HORTON. 


an    §,tcwrai,e    portrait    on 


NEW  YORK : 
DERBY    &    JACKSON,    119    NASSAU    STREET. 

CINCINNATI:-!!.  W.  DERBY  &  CO. 

1856. 


*& 

v~ 


ENTERED  according  to  Act  of  Congress,  in  the  year  1 356,  by 

DERBY    &    JACKSON, 
In  the  Clerk'g  Office  of  the  District  Court  of  the  United  States,  for  the  Southern  District  of  New  York. 


W.  H.  TINSON,  Stersotyper.  GBOKOK  RVSSKLI.  &.  Co.,  Printers. 


PKEFACE. 


THE  history  of  the  statesmen  of  America  is  one  of 
the  most  interesting  and  instructive  studies  that  can 
well  employ  the  mind  of  a  citizen  of  this  free  and 
favored  land.  While  nearly  every  other  country  pre 
sents,  as  far  as  political  progress  is  concerned,  little  more 
than  the  dead  calm  of  despotism,  our  own  land,  under 
the  glorious  principles  of  its  free  Constitution,  has  given 
every  opportunity  for  that  natural  conflict  between 
truth  and  error,  which  seems  to  be  the  established  sys 
tem  of  the  moral  universe,  and  the  only  means  to  insure 
the  progress  of  wise  and  benificent  reforms.  Such  a 
state  of  society  has,  we  may  say,  almost  created  "  a  new 
heaven  and  a  new  earth,"  and  though  its  convulsions 
are  regarded  with  amazement  by  foreign  nations,  yet 
we  may  reasonably  suppose,  it  is  because  they  are  com 
paratively  strangers  to  the  travail  and  pains  necessary 
to  the  birth  and  establishment  of  new  ideas.  The  pro 
minent  part  which  Democratic  statesmen  have  acted  in 

5 


VI  PEEFACE. 

all  the  leading  questions  of  public  policy,  which  have 
for  seventy  years  divided  political  parties,  and  the  fact 
that  the  doctrines  they  sustained,  have  without  excep 
tion,  ;iow  become  the  settled  policy  of  our  government, 
lend  an  additional  interest  to  their  history  and  opinions. 
Those  who  have  preserved  the  purity  of  our  republican 
institutions,  and  resisted  every  effort  to  model  our  laws 
after  the  example  of  foreign  countries,  deserve  scarcely 
less  honor  than  those  who  first  established  them.  "We 
think  it  will  be  shown  in  the  following  pages,  that  the 
distinguished  individual  whose  life  and  public  services 
have  been,  we  are  conscious,  but  feebly  portrayed,  has 
borne  no  humble  or  insignificant  part  in  these  patriotic 
and  praiseworthy  labors.  Let  no  one,  however,  expect 
to  find  in  them  an  elaborate  work,  or  one  even  commen 
surate  with  the  just  importance  of  the  subject. 

The  object  of  the  volume  is  very  simple  and  definite. 
When  the  Hon.  James  Buchanan  was  nominated  on  the 
6th  of  June  as  a  candidate  for  the  Presidency,  the 
public  of  course  became  interested  to  receive  a  more 
full  and  reliable  account  of  his  political  opinions,  than 
is  usually  afforded  them  in  the  various  newspapers  of 
the  day.  Immediately  after  his  nomination,  the  writer 
was  applied  to,  to  furnish  such  an  account  of  his  LIFE 
AND  PUBLIC  SERVICES,  as  would  promise  to  meet  the 
demands  of  the  time.  The  limited  period  allowed  for 
the  preparation  of  the  volume,  and  the  importance  of 
its  presentation  to  the  public  at  as  early  a  day  as  possi 
ble,  precluded  anything  like  a  studied  or  careful  effort, 


PREFACE.  Vll 

such,  indeed,  as  its  distinguished  subject  is  eminently 
worthy  of.  The  main  point  has  therefore  been  to  pre 
sent  merely  the  facts  of  Mr.  Buchanan's  career  as  a 
public  man,  and  to  show  his  position  upon  political 
questions  as  they  have  come  before  him  for  his  conside 
ration.  As  the  limits  of  the  volume  did  not  admit  of 
giving  anything  like  a  full  report  of  his  public  speeches, 
it  was  thought  advisable  to  present  two  or  three  of  his 
prominent  ones  upon  important  public  questions,  and 
to  limit  the  extracts  from  the  others  mainly  to  such 
matters  as  bear  upon  the  issues  now  before  the  country. 

As  Mr.  Buchanan  has  ever  shunned  publicity,  and 
always  been  averse  to  courting  public  favor  through  the 
press,  no  account  of  his  life  and  important  public  ser 
vices  to  his  country,  through  so  many  years  of  active 
and  devoted  labors,  has  been  previously  published. 
The  writer  has,  therefore,  been  compelled  to  rely 
mostly  upon  the  simple  record  of  the  Congressional 
proceedings,  and  a  few  leading  facts  which  Mr.  B.  and 
some  of  his  personal  or  political  friends  have  been 
kind  enough  to  furnish.  It  is  proper  to  say,  however, 
that  while  we  are  confident  all  the  statements  in  this 
volume,  in  regard  to  Mr.  Buchanan's  private,  profes 
sional  or  public  life,  may  be  fully  relied  on  as  correct, 
yet  no  one  is  responsible  for  a  single  line  it  contains 
except  the  writer. 

The  haste  with  which  the  volume  has  been  prepared, 
must  be  regarded  as  an  excuse  for  any  deficiencies  which 
the  critic  may  discover.  The  writer  has  been  less  care- 


Vlll  PREFACE. 

ful  of  literary  niceties,  than  of  presenting  a  reliable, 
impartial  and  candid  statement  of  the  life  and  acts  of 
a  public  man,  who  on  account  of  the  general  impression, 
that  he  is  destined  to  be  the  next  President  of  the 
United  States,  deservedly  occupies  a  large  share  of 
public  attention. 

NEW  YORK,  July  ±th,  1856. 


CONTEXTS. 


CHAPTER  I. 

Mr.  Buchanan's  Birthplace — His  Father  and  Mother — His  Early  Education — His  Col 
lege  Life — Sporting  in  the  Backwoods — Studies  Law — Admission  to  the  Bar — Unpar- 
ralieled  Success, 13 


CHAPTER  II. 

Mr.  Buchanan  as  Volunteer  in  the  War  of  1812— Election  to  the  Legislature  in  1814 
— His  Support  of  the  Volunteer  System — The  Resolutions  of  the  Connecticut  and 
Massachusetts  Legislatures  in  Regard  to  Naturalized  Citizens — Re-election  to  the 
Legislature  in  1815— The  Charge  of  Federalism,  ......  ...  .  20 

CHAPTER  III. 

Military  Appropriations — Bankrupt  Bill — Internal  Improvements — The  Tariff  Ques 
tions,  .  .  .  31 


CHAPTER    IV. 

The  Tariff  Act— Reception  of  Lafayette— The  Niagara  Sufferers— The  Election  of  John 
Quincy  Adams, 68 


CHAPTER    V, 

Judiciary  System — Mission  to  Panama — Surviving  Officers  of  the  Revolution,       .        78 

CHAPTER    VI. 

Retrenchment— Mr.  Adams' Administration — Dress  of  Foreign  Ministers — Naturalization 
Laws— Retirement  of  Mr.  Macon,  .        .        .        .;      .        .        .        .        .        89 

9 


CONTENTS. 


CHAPTER  VH. 

Election  of  Gen.  Jackson  to  the  Presidency — The  Impeachment  of  Judge  Peck — Mr. 
Buchanan's  Celebrated  Speech  thereupon, .  .  98 

CHAPTER  tin. 

Mr.  Buchanan's  Ten  Tears  in  Congress — New  Issues — Opposition  to  Sectionalism — 
Defence  of  the  Freedom  of  the  Press— Mission  to  Russia— Election  to  the  United 
States  Senate, .  .  .  .  .  .  136 

CHAPTER   IX, 

French  Reprisals — Executive  Patronage — Mr.  Clay  and  Mr.  Buchanan — Conclusion  of 
Twenty-third  Congress,  « 142 

CHAPTER  X. 

New  Aspect  of  the  Slavery  Question— Incendiary  Publications— Abolition  of  Slavery  in 
the  District  of  Columbia— Affairs  of  Texas— Sufferers  by  Great  Fire  in  New  York,  150 

CHAPTER  XI. 

Twenty-fourth  Congress  continued — Relations  with  France — Specie  Payments — Ad 
mission  of  Michigan  and  Arkansas,  .  ......  163 

CHAPTER  XII. 

Second  Session  of  Twenty-fourth  Congress — Specie  Circular — Expunging  Resolutions — 
Mr.  Buchanan's  Speech  upon  them, 177 

CHAPTER  XIIL 

Mr.  Van  Buren's  Administration — The  Extra  Session — Mr.  Buchanan's  Speech  on  the 
Sub-Treasury  BUI, .  .  .  218 

CHAPTER  XIV. 

Expunging  Resolution — Relations  with  Mexico — A  New  National  Bank — Mr.  Bucha 
nan's  Speech  on  Pre-emption  Rights— The  Slavery  Question— Resurrection  Notes— 
The  Independent  Treasury,  .  .  .  ..,.-  .  .  .  .  236 

CHAPTER  XV. 

Twenty-fifth  Congress— The  Last  Session— Interference  of  Federal  Officers  in  Election. 
—Mr.  Buchanan's  Speech, 261 

CHAPTER    XVI. 

The  Twenty-sixth  Congress  — The  Independent  Treasury— Mr.  Buchanan's  great 
Speech— His  reply  to  Hon.  John  Davis, 284 


CONTENTS.  XI 


CHAPTER  XVII. 

An  Extra  Session  of  Congress  called— Death  of  Gen.  Harrison— Accession  of  John 
Tyler — The  Fiscal  Bank — The  Fiscal  Corporation — Mr.  Buchanan's  Speeches  on  these 
Measures — Mr.  Clay's  Reply — Mr.  Buchanan's  Rejoinder,  ....  310 

CHAPTER    XVIII. 

Second  Session  of  the  Twenty-seventh  Congress — The  Veto  Power — Mr.  Buchanan's 
Speech  in  Reply  to  Mr.  Clay — The  Board  of  Exchequer — Mr.  Buchana'n's  Speech — Mr. 
Clay's  Retirement  from  the  Senate — Third  Session  of  the  Twenty-seventh  Congress — 
The  Webster  Treaty, 342 

CHAPTER    XIX. 

The  Twenty-Eighth  Congress — Territorial  Government  in  Oregon — Annexation  of  Texas 
—the  Election  of  James  K.  Polk, 851 

CHAPTER  XX. 

Mr.  Buchanan  as  Secretary  of  State — The  War  with  Mexico — The  Oregon  Boundary 
Negotiation— Treaty  with  Mexico — The  Acquisition  of  California — The  Irish  Revolu 
tion  of  1848— Mr.  Buchanan's  Denial  of  British  Demands,  .  .  .  .  856 

CHAPTER   XXI. 

Ten  years  in  the  Senate — A  Review  of  Mr.  Buchanan's  Senatorial  Life — His  Position  on 
the  Bank  Question— As  a  Friend  of  Gen.  Jackson— The  true  Test  of  Statesmanship — 
The  Slavery  Question — The  Proscription  of  Foreigners — Mr.  Buchanan's  Four  Years 
as  Secretary  of  State, 865 

CHAPTER  XXII. 

Mr.  Buchanan  In  private  life— Opposition  to  the  Wilmot  Proviso— Approval  of  the 
Compromise  Measures — Mr.  Buchanan's  position  in  1852 — Mission  to  England — The 
Enlistment  Question — The  Clayton-Bulwer  Treaty— The  Ostend  Meeting — Mr. 
Buchanan's  return  to  the  United  States — His  reception, 872 

CHAPTER  XXIH. 

Mr.  Buchanan  brought  forward  for  the  Presidency — His  Nomination  at  Cincinnati — 
The  National  Democratic  Platform — Letter  of  the  Committee  officially  announcing 
the  Nomination— Mr.  Buchanan's  Reply, 403 

CHAPTER  XXIV. 
Conclusion— Mr.  Buchanan  at  Home,     .        .     ...       .       .       *        .       .        .        419 


THE 


LIFE  AND  PUBLIC  SERVICES 


JAMES    BUCHANAN. 


CHAPTER     I. 

Mr.  Buchanan's  Birthplace — His  Father  and  Mother — His  Early  Education — His  Col- 
lego  Life — Sporting  In  the  Backwoods — Studies  Law — Admission  to  the  Bar — Unpar- 
ralleled  Success. 

JAMES  BUCHANAN  was  born  at  a  place  called  Stony  Batter, 
in  Franklin  County,  Pennsylvania,  at  the  foot  of  the  eastern 
ridge  of  the  Alleghanies,  on  the  23d  day  of  April,  1791.  Frank 
lin  County  borders  on  the  State  of  Maryland,  and  the  greater 
part  of  it  consists  of  a  broad  limestone  valley,  watered  with 
copious  and  unfailing  mountain  springs,  and  having  a  soil  of 
unsurpassed  fertility.  The  immense  range  of  mountains  known 
as  the  Alleghanies,  which  commences  in  the  northern  part  of 
Georgia  and  Alabama,  and  runs  generally  in  uniform  ridges  to 
the  northeastern  part  of  New  York,  is  in  Franklin  County 
divided  into  an  irregular  series  of  rocky,  broken  eminences. 
The  South  Mountain,  a  continuation  of  the  Blue  Ridge  of 
Virginia,  forms  its  boundary  on  the  east,  and  Tnpcarora-  or 


:  cLIFE;  AND   EERVXCES   OF   JAMES   BUCHANAN. 


Cove  Mountain,  on  the  northwest.  The  highest  points  of  the 
Cove  Mountain  are  estimated  at  fifteen  hundred  feet  above  the 
valley.  The  spot  where  Mr.  Buchanan  first  saw  the  light  of 
day  is  situated  in  a  wild  and  romantic  gorge  of  this  mountain. 
The  towering  summits  of  the  eternal  hills  surround  it,  and 
slope  down  like  the  sides  of  an  amphitheatre.  A  beautiful 
stream  of  water,  clear  as  the  crystal  fountain  from  which  it 
flows,  meanders  through  what  was  once  a  cleared  field,  not  far 
from  his  humble  birthplace.  The  remains  of  the  old  Buchanan 
cabin  are  still  to  be  seen,  although  little  is  left  but  the  chim 
ney.  They  lie  to  the  north  of  the  Mercersburg  and  McCon- 
nellsburg  turnpike,  but  within  sight,  and  about  three  miles 
from  the  village  of  Mercersburg.  It  is  a  lovely  spot,  and  the 
scenery  has  all  those  elements  of  grandeur  and  sublimity  which 
serve  to  inspire  in  youthful  minds  noble  aspirations  and  exalted 
patriotism.  Such  places  have  been  those  where  a  majority  of 
our  great  men  have  been  born  and  reared.  The  early  struggles 
necessary  to  contend  with  the  rugged  inequalities  of  nature, 
have  developed  a  hardy  constitution,  inspired  them  with  honest 
ambition,  and  taught  them  in  early  life  those  invaluable  lessons 
of  self-denial  which  are  the  foundation  of  all  true  excellence 
of  character. 

Mr.  Buchanan's  father  was  James  Buchanan,  a  native  of  the 
County  of  Donegal,  in  the  north  of  Ireland,  who  emigrated  to 
the  United  States  in  the  year  1783.  He  was  a  poor  man  when 
he  came  to  America,  but  with  a  vigorous  arm,  an  industrious 
spirit,  and  untiring  perseverance,  he  acquired  before  his  death 
a  handsome  competency.  Five  years  after  his  arrival  he  mar 
ried  Elizabeth  Speer,  the  daughter  of  a  respectable  farmer  of 
Adams  County,  Pennsylvania.  At  that  time  the  broad  and 
beautiful  valleys  of  Franklin  County  were  comparatively  a 
wilderness,  but  Mr.  Buchanan  sought  them,  and  with  his  young 
wife  became  a  pioneer  in  American  civilization.  Having 
"  staked  his  claim,"  and  erected  a  rude  log  cabin,  his  own  right 
arm  felled  the  trees  that  allowed  the  sunlight  of  heaven  to  fall 


HIS  FATHER  AND  MOTHEE.  15 

upon  the  little  clearing  that  surrounded  his  humble  home.  In 
this  log-cabin  was  the  present  James  Buchanan  born,  and  there 
he  continued  to  reside  until  he  was  eight  years  of  age.  No 
one  would  have  suspected,  had  they  then  seen  the  log-cabin 
boy  wandering  through  the  primeval  forests,  awe-struck  at 
the  strange,  weird  scenes  which  met  his  gaze,  that  he  would 
one  day  hold  listening  Senates  in  attention,  and  stand  among 
the  leading  statesmen  of  America.  What  a  commentary  do 
not  such  facts  present  upon  our  free  and  glorious  institutions  I 

Mr.  Buchanan's  father  was  a  prominent  man  in  the  county 
where  he  resided,  and  exercised  a  large  share  of  influence. 
He  had  an  excellent  English  education,  and  so  fully  understood 
the  advantages  to  be  derived  from  one  of  a  more  liberal  char 
acter,  that  he  early  resolved  that  his  son  should  receive  it. 
The  mother  of  Mr.  Buchanan  was  a  woman  of  uncommon 
intellect.  Although  she  had  not  enjoyed  the  advantages  of  a 
superior  education,  she  was  distinguished  for  her  masculine 
sense,  and  remarkable  literary  taste.  It  is  a  singular  fact,  that 
although  she  had  never  read  a  criticism  on  any  of  the  standard 
poets,  she  had  selected,  and  could  repeat  from  memory  all  the 
striking  passages  in  Pope,  Cowper,  Milton,  and  other  promi 
nent  English  poets.  She  was  also  a  woman  of  the  most  exalted 
and  enlightened  piety,  and  to  her  influence  in  forming  his 
character  and  implanting  those  fundamental  principles  of  con 
duct  which  underlie  all  true  greatness  is  her  son,  James  Bu 
chanan,  indebted  for  his  present  distinction.  It  is  a  common 
remark,  that  all  great  men  have  superior  mothers  ;  whether 
such  be  the  fact,  or  whether  the  idea  has  arisen  from  a  pardon 
able  partiality  of  all  men  for  one  who  was  their  earliest  protector 
and  most  devoted  friend,  we  cannot  say.  But  surely  in  the 
case  of  James  Buchanan,  the  remark  is  strictly  true,  and  no 
unmeaning  compliment. 

In  It 98,  Mr.  Buchanan's  father  removed  with  his  family  to 
the  village  of  Mercersburg,  where  his  son  received  his  early 
education  in  English,  Latin,  and  Greek.  His  progress  in  his 


16  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

studies  was  exceedingly  rapid,  and  he  early  gave  indications 
of  a  remarkably  strong  and  comprehensive  mind.  At  the  age 
of  fourteen,  he  entered  Dickinson  College  at  Carlisle,  in  Cumber 
land  county,  then  under  the  presidency  of  Dr.  Davidson.  Here 
he  immediately  took  rank  among  the  most  indefatigable  stu 
dents,  and  rapidly  rose  in  the  estimation  of  his  teachers  as  well 
as  his  fellow  pupils.  The  acquisition  of  learning  was  to  him 
not  at  all  difficult,  and  he  mastered  the  most  abstruse  subjects 
with  the  utmost  facility.  The  breadth  and  energy  of  his  mind 
seemed  to  grasp  everything  as  if  by  intuition,  and  to  hold  it 
with  great  tenacity.  It  was  often  remarked  of  him,  that  he 
never  went  to  recitation  unprepared.  He  did  not  merely  learn 
his  lesson,  but  he  conquered  it,  and  so  fully  and  completely 
elaborated  it,  that  it  became  his  own.  While,  however,  he  was 
a  great  student,  his  exuberant  flow  of  animal  spirits  made  him 
enthusiastic  in  all  kinds  of  relaxation  and  amusement.  He  some 
times  surprised  the  faculty  by  his  practical  jokes,  and  upon 
one  occasion  was  severely  reprimanded  for  some  youthful 
prank  that  was  considered  contrary  to  the  strict  rules  of  col 
legiate  propriety.  There  was  nothing,  however,  in  his  amuse 
ments,  but  what  was  strictly  the  result  of  a  desire  for  mere 
fun  ;  the  kindness  of  his  disposition,  and  the  evenness  of  his 
temper  precluding  any  thought  of  anger  or  malignity. 

While  in  college,  he  was  a  member  of  the  Union  P.  Society, 
a  literary  body  connected  with  the  institution.  All  the  mem 
bers  of  this  society  were  particularly  attached  to  him,  and  he 
became  its  favorite,  as,  indeed,  he  was  of  the  entire  college. 
He  enjoyed  all  the  honors  conferred  by  this  society,  and  at 
Commencement  was  presented  by  its  unanimous  vote  to  the 
faculty  for  the  highest  collegiate  honors.  He  graduated  ia 
1809,  at  the  age  of  eighteen. 

At  this  period  of  his  life,  Mr.  Buchanan  was  tall,  slender, 
and  graceful.  He  had  been  cradled  in  poverty,  and  at  all 
times  inured  to  hardships  and  toil.  He  exercised  much  in  the 
open  air,  and  the  forests  of  Pennsylvania  often  resounded  with 


STUDIES   LAW.  17 

the  crack  of  the  rifle  of  the  young  sportsman,  who,  at  an  early 
age,  like  nearly  all  Americans,  learned  how  to  use  this  sharp- 
shooting  weapon.  So  dexterous  was  he  with  his  rifle,  that 
like  a  true  back-woodsman,  he  considered  it  a  disgrace  to  go 
home  with  squirrels  or  similar  game,  unless  the  ball  had  been 
sent  with  unerring  precision  directly  through  the  head.  His 
studies  had  expanded  his  mind,  while  his  labors  and  recrea 
tions  had  given  strength  to  his  body,  and  already  laid  the  firm 
foundation  for  a  long  life  of  uniform  health.  There  can  be  no 
doubt  that  his  vigorous,  early  training  has  been  the  means  of 
giving  him  that  wonderful  endurance,  which  so  remarkably 
distinguished  him  in  after-life  as  a  public  man.  The  amount  of 
labor  he  can  perform  is  perfectly  astonishing,  and  has  always 
been  remarked  by  all  who  have  known  him,  both  while  engaged 
in  his  profession  and  in  his  duties  in  Congress. 

In  December,  1809,  Mr.  Buchanan  commenced  the  study  of 
the  law  in  the  office  of  James  Hopkins,  Esq.,  of  Lancaster 
city,  an  eminent  lawyer,  and  a  prominent,  valuable,  and  much- 
respected  citizen.  He  was  admitted  to  the  bar  November  l?th, 
1812,  when  he  was  a  little  over  twenty-one  years  4of  age.  He 
immediately  rose  rapidly  in  his  profession.  He  came  to  the 
bar  of  his  native  State  when  Pennsylvania  was  distinguished 
far  and  wide  for  the  superior  ability  of  her  lawyers.  She  could 
boast  then  of  her  Baldwins,  her  Gibsons,  her  Rosses,  her  Dun 
cans,  her  Breckinridges,  her  Dallases,  and  her  Semples,  who 
shed  not  only  honor  upon  their  own  State,  but  who  added 
materially  to  the  legal  reputation  of  the  whole  country.  With 
such  men  as  these  Mr.  Buchanan  was  compelled  to  struggle  for 
that  eminence  in  his  profession  which  he  subsequently  attained, 
and  so  firmly  kept.  Perhaps  we  do  nof  go  too  far  in  saying, 
that  there  never  has  been  in  our  country  an  instance  of  so 
rapid  a  rise  in  the  legal  profession  as  that  afforded  in  his  case. 
From  the  day  he  was  admitted  until  he  finally  retired  from  the 
legal  profession,  his  was  a  series  of  successive  triumphs.  He  was 
poor,  and  necessity  demanded  that  exertion  which  soon  made 


18  LIFE  AND   SERVICES   OF  JAMES  BUCHANAN. 

jim  the  rival  and  equal  of  the  best  lawyers  in  his  State.  He 
was  engaged  in  all  important  causes  tried  in  Dauphin,  York, 
and  other  neighboring  counties,  and  his  name  appears  in  the 
Pennsylvania  Eeports  more  frequently  than  that  of  any  other 
lawyer  of  his  day. 

In  the  session  of  1816-11  of  the  Pennsylvania  State  Senate, 
when  he  was  only  twenty-six  years  of  age,  he  defended,  unas 
sisted  by  senior  counsel,  a  distinguished  judge  of  his  Strte,  who 
was  tried  upon  articles  of  impeachment,  and  was  successful. 
At  the  age  of  thirty  he  had  risen  to  the  highest  class  of  legal 
minds,  and  commanded  a  practice  more  enviable  and  more 
extensive  than  that  of  any  other  lawyer  in  the  State.  At  this 
time,  however,  he  yielded  to  the  urgent  and  repeated  solicita 
tions  of  his  friends,  and  consented  to  become  a  candidate  for 
Congress.  He  was  elected,  and  continued  in  the  same  position 
for  ten  years,  when  he  peremptorily  declined  a  re-election. 
He  occasionally,  during  the  vacations  of  Congress,  tried  some 
important  cause,  which,  from  past  associations,  or  other  rea 
sons,  he  did  not  feel  at  liberty  to  decline.  He  retired,  however, 
from  his  profession  altogether  in  1831,  having  accumulated 
a  competence  by  his  steady  devotion  to  business  and  the  supe- 
^riority  in  his  profession,  which  his  commanding  talents  had  given 
him.  Avarice  being  no  trait  in  Mr.  Buchanan's  character,  he 
gladly  sought  repose  from  business,  when  Providence  had 
blessed  his  labors  with  the  realization  of  the  sincere  prayer  of 
Agar,  "  give  me  neither  poverty  nor  riches."  When  he  retired 
he  left  more  business  than  any  one  man  could  attend  to.  Thus 
had  the  log-cabin-boy,  bom  in  a  wild  and  rocky  gorge  of  the 
Alleghany  Mountains,  at  the  early  age  of  forty  years,  been  the 
architect  of  his  own  fortune,  and  become  the  admiration  and 
pride  of  his  native  State. 

Once  only  after  he  left  his  profession,  could  he  be  prevailed 
upon  to  again  appear  at  the  bar.  This  was  in  the  cause  of  an 
aged  widow,  where  he  was  appealed  to  by  the  most  earnest 
solicitations.  It  was  an  action  of  ejectment  which  involved 


UNPARALLELED    SUCCESS.  19 

all  her  little  property.  The  case  was  a  difficult  one,  and 
technically  decidedly  against  the  unfortunate  woman.  To  the 
surprise  and  astonishment  of  every  one,  he  succeeded  in  estab 
lishing  her  title  to  the  property  in  question.  The  poor  woman 
was  intoxicated  with  joy,  and  overwhelmed  her  benefactor 
with  expressions  of  gratefulness,  and  offers  of  remuneration. 
Mr.  Buchanan,  however,  would  accept  nothing'  for  hi?  ser 
vices. 


20  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 


CHAPTER    II. 

Mr.  Buchanan  as  Volunteer  in  the  War  of  1812 — Election  to  the  Legislature  in  1814 
—His  Support  of  the  Volunteer  System— The  Resolutions  of  the  Connecticut  and 
Massachusetts  Legislatures  in  Regard  to  Naturalized .  Citizens — Re-election  to  the 
Legislature  in  1815 — The  Charge  of  Federalism. 

MR.  BUCHANAN  early  signalized  his  devotion  to  his  country 
by  acts  as  well  as  words.  During  the  war  of  1812  with  Great 
Britain,  the  English  army,  after  having  sacked  the  city  of 
Washington,  threatened  to  attack  Baltimore.  The  high-handed 
and  outrageous  act  of  destroying  the  public  buildings  at 
Washington  lighted  up  a  flame  of  indignant  patriotism,  which 
overspread  the  whole  country.  A  public  meeting  was  called  in 
Lancaster  in  1814,  for  the  purpose  of  obtaining  volunteers  to 
march  to  the  defence  of  Baltimore.  On  that  occasion  Mr. 
Buchanan  addressed  his  fellow-citizens  in  a  speech  of  great 
ability,  in  favor  of  a  vigorous  prosecution  of  the  war,  which 
he  followed  up  by  registering  his  name  as  a  volunteer,  the  first 
with  a  number  of  other  young  and  patriotic  hearts.  His 
country  called  for  his  services,  and,  throwing  his  law  books 
aside,  the  stripling  lawyer  thus  enrolled  himself  as  a  private 
soldier,  willing  to  take  any  place  if  he  could  but  defend  the 
interests  of  his  native  land.  The  company  was  commanded 
by  Judge  Henry  Shippen.  They  marched  to  Baltimore,  and 
served  under  the  command  of  Major  Charles  Sterret  Ridgeley 
until  they  were  honorably  discharged  This  early  stand  of  Mr. 
Buchanan  in  favor  of  the  war  of  1812,  will  show  his  feelings 


THE   HAETFOKD    CONVENTION   CALUMNY.  21 

at  that  day,  and  at  a  time  when  the  country  needed  the  strong 
arms  and  stout  hearts  of  its  citizens.  How  senseless  and 
calumnious,  then,  has  been  the  story  that  Mr.  Buchanan  united 
with  the  federalists  in  opposing  the  war,  and  who,  about  the 
very  time  that  he  was  shouldering  his  musket,  and  assisting  to 
defend  the  honor  and  interests  of  his  country,  were  meeting  in 
a  convention  at  Hartford  to  make  peace  with  England  without 
the  consent  of  the  United  States  !  The  whole  cause  of  this 
calumny  is  noticed  in  a  frank  and  manly  letter  written  by  Mr. 
Buchanan  in  1841,  after  taking  a  seat  in  Mr.  Folk's. cabinet, 
as  follows  : 

WASHINGTON,  April  23, 1847. 

"  MY  DEAR  BIB  :  I  have  this  moment  received  you  letter  of 
the  15th  inst.,  and  hasten  to  return  an  answer. 

"  In  one  respect,  I  have  been  fortunate  as  a  public  man.  My 
political  enemies  are  obliged  to  go  back  for  more  than  thirty 
years  to  find  plausible  charges  against  me. 

"In  1814,  when  a  very  young  man  (being  this  day  56  years 
of  age),  I  made  my  first  public  speech  before  a  meeting  of  my 
fellow-citizens  of  Lancaster.  The  object  of  this  speech  was  to 
urge  upon  them  the  duty  of  volunteering  their  services  in 
defence  of  their  invaded  country.  A  volunteer  company  was 
raised  upon  the  spot,  in  which  I  was  the  first,  I  believe,  to 
enter  my  name  as  a  private.  We  forthwith  proceeded  to  Bal 
timore,  and  served  until  we  were  honorably  discharged. 
"In  October,  1814,  I  was  elected  a  member  of  the  Pennsyl 
vania  legislature  ;  and  in  that  body  gave  my  support  to  every 
measure  calculated,  in  my  opinion,  to  aid  the  country  against 
the  common  enemy. 

"In  1815,  after  peace  had  been  concluded,  I  did  express 
opinions  in  relation  to  the  causes  and  conduct  of  the  war, 
which  I  very  soon  after  regretted  and  recalled.  Since  that 
period  I  have  been  ten  years  a  member  of  the  House  of  Repre- 


22  LIFE   AND   SERVICES   OF   JAMES    BUCHANAN. 

sentatives,  and  an  equal  time  of  the  Senate,  acting  a  part  on 
every  great  question.  My  political  enemies,  finding  nothing 
assailable  throughout  this  long  public  career,  now  resort  back 
to  my  youthful  years,  for  expressions  to  injure  my  political 
character.  The  brave  and  generous  citizens  of  Tennessee,  to 
whatever  political  party  they  may  belong,  will  agree  that  this 
is  a  hard  measure  of  justice  ;  and  it  is  still  harder  that,  for 
this  reason,  they  should  condemn  the  President  for  having 
voluntarily  offered  me  a  seat  in  his  cabinet. 

"  I  never  deemed  it  proper,  at  any  period  of  my  life,  whilst 
the  country  was  actually  engaged  in  a  war  with  a  foreign 
enemy  to  utter  a  sentiment  which  could  interfere  with  its  suc 
cessful  prosecution.  Whilst  the  war  with  Great  Britain  was 
raging,  I  should  have  deemed  it  little  better  than  moral  treason 
to  paralyze  the  arm  of  the  government  whilst  dealing  blows 
against  the  enemy.  After  peace  was  concluded,  the  case  was 
then  different.  My  enemies  cannot  point  to  an  expression 
uttered  by  me,  during  the  continuance  of  the  war,  which  was 
not  favorable  to  its  vigorous  prosecution. 

"  From  your  friend,  very  respectfully, 

"JAMES  BUCHANAN." 
HON.  GEORGE  W.  JONES. 

Mr.  Buchanan's  active  friendship  in  behalf  of  his  country  did 
not  stop  with  his  volunteer  campaign.  He  was  elected,  in 
October,  1814,  to  the  Legislature  of  Pennsylvania,  and  there 
assumed  the  same  fearless  and  patriotic  course  which  had 
distinguished  him  throughout  the  war.  An  attack  was  threat 
ened  against  the  city  of  Philadelphia.  'The  general  govern 
ment  was  reduced  nearly  to  a  state  of  bankruptcy,  and  could 
scarcely  raise  sufficient  money  to  maintain  the  regular  troops  on 
the  remote  frontiers  of  the  country.  Pennsylvania  was  obliged  to 
rely  upon  her  own  resources  for  defence,  and  the  people  were  ready 
to  do  then*  utmost  hi  the  cause.  Two  plans  were  proposed  in 


HE   SUPPORTS   THE   VOLUNTEER   SYSTEM.  23 

the  Legislature  ;  the  one  was  what  was  called  the  "  conscrip 
tion  bill,"  and  similar  to  that  which  was  rejected  bj  Congress,  ( 
by  which  it  was  proposed  to  divide  the  white  male  inhabi 
tants  of  the  State,  above  the  age  of  eighteen,  into  classes  of 
twenty-two  men  each,  and  to  designate  one  man  from  the 
members  of  each  class,  who  should  serve  one  year,  each  class 
being  compelled  to  raise  a  sum  of  money  not  exceeding  $200, 
as  a  bounty  to  the  conscript.  During  the  discussion  of  these 
two  plans,  Mr.  Buchanan  took  an  active  and  highly  patriotic 
stand.  In  the  course  of  the  debate,  he  said  : 

"  Since,  then,  Congress  has  deserted  us  in  our  time  of  need, 
there  is  no  alternative  but  either  to  protect  ourselves  by  some 
efficient  measures,  or  surrender  up  that  independence  which  has 
been  purchased  by  the  blood  of  our  forefathers.  No  American 
can  hesitate  which  of  these  alternatives  ought  to  be  adopted. 
The  invading  enemy  must  be  expelled  from  our  shores  ;  he 
must  be  taught  to  respect  the  rights  of  freemen. 

****** 

"We  need  not  be  afraid  to  trust  to  the  patriotism  or 
courage  of  the  people  of  this  country  when  they  are  invaded. 
Let  them  have  good  militia  officers,  and  they  will  soon  be 
equal  to  any  troops  in  the  world.  Have  not  our  volun 
teers  and  militia  under  General  Jackson  covered  themselves 
with  glory?  Have  not  our  volunteers  and  militia  on  the 
Niagara  frontier  fought  in  such  a  manner  as  to  merit  the 
gratitude  of  the  nation  ?  Is  it  to  be  supposed  that  the  same 
spirit  of  patriotism  would  animate  the  man  who  is  dragged  out 
by  a  conscription  law  to  defend  his  country,  that  the  volunteer 
or  militia  men  would  feel  ?" 

This  noble  stand,  so  early  taken  by  Mr.  Buchanan,  displays 
a  patriotic  love  of  country  and  shows,  even  at  this  early  time, 
his  confidence  in  the  people. 


24:  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

Mr,  Buchanan  assumed  a  position  at  this  time,  upon  the 
question  of  the  proscription  of  naturalized  citizens,  a  position 
he  lias,  through  all  the  fluctuating  changes  of  politics  for  forty 
years  since,  consistently  adhered  to.  The  governors  of  Massa 
chusetts  and  Connecticut  transmitted  to  the  governor  of  Penn 
sylvania,  and  by  him  sent  to  the  legislature  of  his  own  State, 
resolutions  recommending  certain  amendments  to  the  Constitu 
tion  of  the  United  States,  among  which  was  the  following  : 

"  That  no  person  who  shall  be  hereafter  naturalized  shall  be 
eligible  as  a  member  of  the  Senate  or  the  House  of  Representa- 
tifes  of  the  United  States,  nor  capable  of  holding  any  civil 
office  under  the  authority  of  the  United  States." 

X 

A  committee  was  appointed  to  report  upon  this,  among  their 
other  resolutions.  They  disapproved  of  every  resolution  sent ; 
but  we  only  give  as  much  of  their  report  as  relates  to  the  one 
we  have  quoted.  It  is  as  follows  : 

"It  may  be  fairly  questioned  whether  the  total  exclusion 
proposed  is  generous  to  others,  or  wise  to  ourselves.  The 
revolutions  of  Europe  may  hereafter  drive,  as  they  have 
already  driven,  many  an  honorable  and  distinguished  exile  to 
the  shelter  of  our  hospitality.  The  distance  which  separates 
him  from  his  native  country  is  some  guarantee  that  he  has  not 
chosen  his  new  residence  from  any  motive  of  levity,  but  from 
deliberate  choice,  and  when  he  has  abjured  his  allegiance  to 
that  country,  when  his  fortunes  and  family  are  fixed  among 
us,  when  he  has  closed  all  the  avenues  to  his  return,  when  a 
long  probation  has  evinced  his  attachment  to  our  institutions, 
why  should  his  mind  continue  still  in  exile  and  why  should  the 
natural  and  honorable  ambition  for  political  distinction  be 
extinguished  for  ever  in  his  breast?  Why,  too,  should  we 
deprive  ourselves  of  the  choice  of  such  a  man,  whose  European 


THE   NATURALIZATION    LAWS.  25 

experience  may  be  useful,  if  the  deliberate  voice  of  the  com 
munity  is  in  his  favor?  Other  nations  do  not  indulge  in  so 
jealous  an  exclusion  There  is  scarcely  a  nation  in  Europe 
which  does  not  habitually  employ  the  talents  of  strangers, 
wherever  they  can  be  most  useful. 

"  Even  in  England,  the  most  fastidious  of  all  the  nations  of 
Europe,  with  regard  to  strangers,  naturalization  is  in  many 
respects  more  easy  than  in  the  United  States.  Many  of  the 
restrictions  on  aliens  may  be  at  once  removed  by  act  of 
parliament,  or  by  the  mere  wish  of  the  crown  ;  and  we  can 
readily  call  to  our  recollection,  even  within  the  present  reign, 
several  officers  of  high  rank,  both  civil  and  military,  employed 
in  important  and  confidential  stations,  by  the  government  of  that 
country.  In  the  United  States,  moreover,  we  enjoy  a  greater 
security  than  other  nations,  from  the  deliberation  with  which  the 
choice  of  our  country  must  be  made  ;  the  probationary  term 
of  residence,  and  the  certainty  that  no  foreigner  can  rise  to 
power,  but  by  the  voluntary  suffrage  of  the  community. 

"  The  number  of  foreigners  now  in  office  does  not  threaten 
any  inconvenience,  and  even  that  number  will  no  doubt  rapidly 
diminish.  Out  of  182  representatives  in  Congress,  there  are,  it 
is  believed,  not  more  than  four  who  were  born  out  of  the  limits 
of  the  United  States,  and  in  the  Senate,  not  one  member.  In 
one  respect,  too,  the  operation  of  the  amendment  would  be 
injurious,  by  preventing  the  employment  of  American  consuls, 
natives  of  the  countries  in  which  they  reside — a  practice  almost 
universal  among  commercial  nations.  The  natural  and  prudent 
precautions  against  foreign  influence  will,  therefore,  probably 
be  satisfied,  by  requiring  a  long  novitiate  to  wean  a  stranger 
from  foreign  modes  of  thinking,  and  insure  his  attachment  to 
our  institutions,  and  after  that  ordeal  is  past,  leaving  him  a 
fair  competition  with  native  talents  for  political  advancement  ; 
a  competition  in  which  the  natural  bias  in  favor  of  our  own 
countrymen  will  insure  them  at  least  an  equal  chance  of  auo- 


26  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

cess.     The  committee  therefore  recommend  a  dissent  from  the 
proposed  amendment." 

The  novitiate  required  at  that  time  was  five  years,  the  same 
as  at  present,  and  yet  this  committee  did  not  see  fit  to  recom 
mend  any  alteration,  but  even  referred  to  five  years  as  a  long 
novitiate  ;  for  it  will  be  remembered  that  during  a  portion  of 
Washington's  administration  the  term  had  been  but  two  years. 
Mr.  Buchanan  concurred  fully  in  this  report,  indeed  it  was 
unanimously  adopted  in  both  houses. 

In  October,  1815,  Mr.  Buchanan  was  again  elected  to  the 
legislature,  and  again  he  distinguished  himself  by  a  patriotic 
love  of  country,  and  by  a  devotion  to  its  honor  and  interests 
which  won  for  him  the  universal  applause  of  his  constituents. 
Tt  is  well  known  that  no  State  has  ever  shown  a  more  earnest 
love  for  the  Union  than  Pennsylvania.  Instead  of  endeavoring 
to  embarrass  the  general  government  in  its  delicate  and  often 
difficult  duties,  it  has  when  necessity  demanded  it,  come  to  its 
assistance.  At  this  session  of  the  legislature  a  bill  was  brought 
in  appropriating  the  sum  of  $300,000  as  a  loan  ^o  the  United 
States  to  pay  the  militia  and  the  volunteers  of  that  State,  in 
the  United  States  service.  The  general  government  had  been 
on  the  verge  of  bankruptcy,  and  this  patriotic  action  on  the  part 
of  Pennsylvania  was  as  noble  as  its  remembrance  will  ever  be 
grateful,  to  every  .lover  of  his  country.  This  appropriation 
received  the  warm  support  of  Mr.  Buchanan. 

It  was  during  this  session  that  Mr.  Buchanan  became 
impressed  with  the  danger,  the  inexpediency,  and  the  uncon 
stitutionally  of  a  United  States  Bank,  an  opinion  he  has 
adhered  to  ever  since,  and  in  the  defence  of  which  he  has 
rendered  such  lasting  services  to  his  country  in  the  legislative 
halls  of  the  nation. 

After  the  conclusion  of  that  session  Mr.  Buchanan  applied 
himself  to  his  profession  with  great  assiduity,  and  accomplished 


HIS   POLITICAL    CONDUCT.  27 

in  five  years  what  it  would  have  taken  many  men  of  consider 
able  rank  in  the  law  three  or  four  times  that  period  to  have 
achieved.  We  gave  in  the  first  chapter  a  very  brief  account 
of  his  rapid  progress.  The  prosperity  of  his  career  can  scarcely 
be  exaggerated.  In  1820  he  yielded  to  the  solicitations  of  his 
friends  and  became  a  candidate  for  Congress,  to  which  position 
he  was  elected. 

Before  commencing  the  history  of  Mr.  Buchanan's  congres 
sional  career  it  may  be  well  to  notice  some  charges  that  have 
been  brought  forward  tending  to  impeach  the  consistency  of 
his  political  conduct.  To  pass  them  over  in  silence  might  give 
rise  to  the  suspicion  that  his  acts  and  opinions  are  not  suscep 
tible  of  defence,  while  we  confidently  assert  that  there  is  not 
one,  which  does  not  admit  of  the  most  thorough  vindication, 
indeed  which  does  not  challenge  the  closest  scrutiny  and  inves 
tigation.  Prominent  among  the  charges  which  have  been 
flippantly  made  and  perseveringly  persisted  in,  is  that  of 
federalism.  Now,  we  say  most  distinctly  that  had  Mr.  Bu 
chanan  been  a  federalist,  it  has  nothing  whatever  to  do  with 
issues  now  before  the  public  ;  and  if  it  could  be  shown  that  he 
gave  good  reasons  for  changing  his  opinions  upon  public 
questions  it  should  not  and  would  not  militate  against  him  in 
the  opinion  of  any  sensible  man.  If  therefore,  it  were  a  truth 
that  Mr.  Buchanan  had  advocated  any  of  the  leading  questions 
of  public  policy  which  that  once  very  respectable  party  sup 
ported,  we  should  so  set  down  the  fact,  and  consider  him  none 
the  less  worthy  of  support  or  confidence  now,  if  he  gave  evi 
dence  of  honesty  of  intention  and  stood  upon  principles  essen 
tial  to  the  safety  and  interests  of  his  country.  But  as  we  have 
failed  after  a  careful  study  of  Mr.  Buchanan's  public  life,  to 
find  any  support  for  the  charge  brought  against  him  by  those 
\\ho  seem  to  be  but  indifferently  acquainted  with  our  political 
history,  we  have  thought  a  notice  of  the  matter  in  this  place 
demanded  by  the  integrity  of  history. 


28  LITE   AND    SERVICES    OF   JAMES    BUCHANAN. 

Originally,  the  name  of  federal  was  as  honorable  a  designa- 
tion  as  any  other.  It  took  its  rise  from  those  who  approved 
of  our  federal  Constitution,  whilst  those  who  felt  that  the  gov 
ernment  was  too  consolidated,  called  themselves  anti-federalists 
or  republicans  ;  but  after  the  Constitution  was  adopted,  and  it 
was  accepted  as  the  fundamental,  organic  law  of  the  land,  as  Jef 
ferson  truly  remarked,  "  We  are  all  federalists,  we  are  all  republi 
cans."  After  the  adoption  of  the  Constitution,  therefore,  the  term 
federal,  so  far  as  its  primary  signification  was  concerned,  had 
no  meaning.  But  in  a  few  years  it  was  soon  discovered  that  the 
very  men  who  had  approved  most  earnestly  of  the  Constitution, 
began  to  claim  for  it  doubtful  powers,  and  to  give  it  a  liberal 
construction.  Mr.  John  Adams,  the  second  President,  was  the 
first  who  boldly  inaugurated  this  policy,  and  by  the  passage  of 
the  alien  and  sedition  laws,  overwhelmed  himself  and  his  party 
in  disgrace.  This  was  the  first  stain  on  the  otherwise  fair  name 
of  federal.  Then  came  the  war  of  1812,  when  they  completed 
their  ruin  as  a  party,  not  by  opposing  the  war  in  a  reasonable 
manner,  but  by  an  odious  and  unconstitional  opposition,  which 
finally  terminated  in  a  traitorous  convention  in  New  England, 
to  make  a  separate  peace  with  Great  Britain.  These  two  acts 
destroyed  the  federal  party,  and  brought  upon  the  name  an 
odious  reproach.  It  will  not  be  pretended  by  any  one  that  Mr. 
Buchanan  approved  either  of  the  measures  to  which  we  have 
referred.  The  principles  of  the  federal  party  were,  however, 
as  we  have  before  observed,  in  favor  of  claiming  from  Congress 
the  exercise  of  doubtful  powers,  in  opposition  to  the  doctrine 
of  State  rights  as  embraced  in  the  Kentucky  and  Virginia  resolu 
tions  of  1798.  They  also  claimed  the  power  in  Congress  to  estab 
lish  a  United  States  bank.  Yet,  upon  Mr.  Buchanan's  first  appear 
ance  in  public  life,  we  find  him  announcing  himself  as  opposed 
to  a  bank  of  this  kind,  and  denying  the  power  of  Congress  to 
establish  such  an  institution.  Now,  there  is  no  sense  or  pro 
priety  in  calling  any  man  a  federalist,  who  has  not  advocated 


HIS    POLITICAL    CONSISTENCY.  29 

or  supported  federal  doctrines.  Yet  there  is  not  an  enemy  of 
Mr.  Buchanan  who  can  point  to  a  single  act  of  his  life  which  is 
contrary  to  the  doctrine  of  State  rights,  or  to  a  strict  construc 
tion  of  the  Constitution.  From  first  to  last,  from  beginning  to 
end,  he  has  adhered  steadily  to  this  political  faith.  In  the 
general  disruption  of  parties  after  the  war  of  1812,  he  may 
have  technically  ranked  with  the  federal  party,  but  he  cer 
tainly  never  supported  a  single  one  of  its  measures,  as  the  reader 
who  peruses  the  remaining  pages  of  this  volume  will  be  fully 
convinced. 

But  even  had  Mr.  Buchanan  seen  reasons  for  changing  his 
opinions,  and  doubtless  he  has  upon  some  public  questions,  who 
is  there  to  reproach  him  for  such  a  course  ?  Where  is  the  man, 
who  in  the  period  of  forty  years'  experience  in  public  life,  has 
not  changed  ?  To  suppose  men  not  susceptible  of  an  honest 
alteration  of  opinion,  would  be  to  expect  that  they  come  perfect 
from  the  hand  of  their  Maker  ;  or  else  that  they  were  either  so 
dull,  that  the  instruction  which  experience  furnishes,  is  inca 
pable  of  making  any  impression  upon  them;  or  that  they  were  so 
obstinate  and  self-willed,  as  to  adhere  to  opinions  after  they  had 
been  convinced  they  were  erroneous.  Full-fledged  Mincrvas  do 
not,  in  these  days,  spring  from  Jupiter's  head,  any  more  than 
full-grown  men,  physically  as  well  as  mentally,  enter  the  world 
to  astonish  those  who  have  been  exploring  its  mysteries,  some 
times  with  only  partial  success,  for  years.  All  that  the  people 
can  justly  demand  of  any  public  man,  is,  that  his  course  has  not 
been  erratic  or  irregular,  and  that,  if  upon  any  occasion 
he  has  changed  his  opinions,  it  has  the  appearance  of  hon 
esty  of  purpose,  and  the  excuse  of  public  interest.  But  with 
all  our  study  of  Mr.  Buchanan's  career,  and  we  say  it  without 
the  least  particle  of  anything  like  a  partisan  bias,  we  have 
failed  to  discover  any  change  of  any  of  the  fundamental  princi 
ples  of  his  political  action.  In  this  respect  he  has  not  only  been 
consistent,  but  exceedingly  fortunate,  for  there  are  few  persons 


30  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

who  do  not  imbibe  some  false  principles,  which  more  mature  judg 
ment  convinces  them  are  erroneous.  All  who  peruse  Mr.  Bu 
chanan's  congressional  career  of  twenty  years,  will  be  fully  con 
vinced  that,  for  an  exemplary  devotion  to  great  principles,  and 
a  consistent  and  honorable  bearing  upon  all  questions,  he  ie 
Dot  excelled  by  any  living  statesman. 


MILITARY    APPROPRIATIONS.  31 


CHAPTER    III. 

Military  Api  ropriations — Bankrupt  Bill — Internal  Improvements — The  Tariff  Question. 

THE  year  1820  was  one  of  great  financial  'embarrassment. 
The  Bank  of  the  United  States,  which  had  been  chartered  in 
1816,  had  in  less  than  four  years  proved  how  delusive  were 
the  hopes  and  expectations  of  its  friends.  It  had  created  one 
of  those  vast  expansions  of  paper  currency  which  are  only  the 
precursors  of  a  calamity  more  wide-spread  and  destructive  than 
any  prosperity  it  could  produce  was  satisfactory  or  desirable. 
The  distress  was  universal,  and  pervaded  public  as  well  as 
private  affairs.  Mr.  Benton  in  his  "  Thirty  Years'  View/7 
speaking  of  this  disastrous  period  of  our  national  history,  says  : 
"  No  price  for  property  or  produce  ;  no  sales  but  those  of  the 
Sheriff  and  the  Marshal  ;  no  purchasers  at  the  executive  sales 
but  the  creditor  or  some  hoarder  of  money  ;  no  employment 
for  industry,  no  demand  for  labor  ;  no  sale  for  the  product  of 
the  farm  ;  no  sound  of  the  hammer  but  that  of  the  auctioneer 
knocking  down  property.  Stop  laws,  property  laws,  replevin 
laws,  stay  laws,  loan  office  laws,  the  intervention  of  the  legis 
lator  between  the  creditor  and  the  debtor — this  was  the  busi 
ness  of  legislation  in  three-fourths  of  the  States  of  the  Union 
of  all  south  and  west  of  New  England.  No  medium  of  ex 
change  but  depreciated  paper  ;  no  change  even,  but  little  bits 
of  foul  paper,  marked  so  many  cents,  and  signed  by  some  trader, 
barber,  or  inn-keeper.  Exchanges  deranged  to  the  extent  of 
fifty  or  one  hundred  per  cent.  Distress  the  universal  cry  of  the 


32  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

people  ;  relief  the  universal  demand  thundered  at  the  doors  of 
all  legislatures,  State  and  Federal." 

It  was  in  such  a  social  convulsion  as  this  that  the  citizens  of 
Lancaster  county  turned  their  thoughts  upon  James  Buchanan, 
then  only  twenty-nine  years  of  age,  as  their  candidate  for  repre 
sentative  in  Congress.  Serious,  thoughtful,  and  considerate, 
he  was,  wherever  known,  regarded  as  worthy  of  the  utmost 
confidence.  The  warm  and  ardent  friend  of  Mr.  Monroe's 
administration,  he  contributed  not  a  little  in  promoting  that 
universal  popularity  which  elevated  that  distinguished  indivi 
dual  almost  unanimously  the  second  time  to  the  presidential 
chair.  Mr.  Buchanan  was  elected  in  the  fall  of  1820,  and 
took  his  seat  in  the  seventeenth  Congress,  in  December,  1821. 

This  was  immediately  succeeding  the  stormy  session  of  1820, 
when  the  difficulties  in  regard  to  the  admission  of  Missouri  had 
been  adjusted,  by  the  adoption  of  the  first  concession  ever 
made  to  the  anti-slavery  or  abolition  sentiment  of  the  country. 
The  attempt  was  boldly  made  when  Missouri  applied  for  admis 
sion  into  the  Union,  to  exclude  her  unless  she  would  come  in  as 
a  State  with  laws  refusing  to  recognise  the  right  of  property 
interest  in  the  labor  and  services  of  negroes.  This  unconsti 
tutional  demand  upon  her  was  successfully  resisted,  and  finally 
only  one  clause  in  her  Constitution,  was  excepted  to  as  consti 
tuting  a  ground  of  ultimate  rejection.  This  was  a  section  pro 
hibiting  the  emigration  of  free  negroes  into  the  State.  It 
was  urged  by  the  anti-slavery  party  of  that  day,  that  this  was 
in  contradiction  to  the  clause  of  the  Constitution  of  the  United 
States,  which  guarantees  to  any  citizen  of  any  of  the  States 
of  the  Union  equal  privileges  in  all  the  States,  of  which  privi 
leges  the  right  of  emigration  was  one.  It  was  held,  that  if 
negroes  were  admitted  to  citizenship  in  some  States,  they  would 
be  deprived  of  it  by  the  terms  of  the  Constitution  of  Missouri. 
It  was  successfully  replied  to  this,  that  the  Constitution  did  not 
regard  persons  of  this  race  as  citizens,  and  that  the  framers 
of  the  government  expressly  stated  that  it  was  formed  "  for 


MILITARY    APPROPKIATIONS.  33 

them  and  their  posterity,"  of  whom  negroes  could  form  no  part. 
The  objection,  however,  was  a  mere  pretext,  the  real  cause  of 
the  opposition  to  the  admission  of  Missouri  being  the  existence 
of  negro  servitude  in  the  State.  This  is  abundantly  proved 
from  the  fact  that  the  anti-slavery  party  have  long  since  aban 
doned  the  ground  then  assumed,  and  many  of  the  western 
States  now  have  stringent  laws  in  regard  to  the  admission  of 
free  negroes,  without  any  objection  being  raised  as  to  the  right 
of  a  State  to  pass  such  acts  in  regard  to  the  status  of  the 
negro,  as  it  may  in  its  sovereign  capacity  think  proper  for  its 
own  welfare.  Even  the  "  Free  State  Constitution  of  Kansas," 
recently  so  earnestly  advocated  by  the  anti-slavery  press  of  the 
present  day,  contained  an  express  prohibition  to  the  immigration 
of  free  negroes.  The  objectionable  clause  in  the  Constitution 
of  Missouri  was  finally  so  modified  by  the  exertions  of  Mr. 
Clay,  that  a  resolution  was  reported  in  favor  of  the  admission  of 
the  State,  upon  condition  that  the  legislature  should  first 
declare  that  the  clause  in  her  Constitution  relative  to  free 
colored  immigration  should  never  be  construed  to  authorize  the 
passage  of  any  act  by  which  any  citizen  of  any  of  the  States 
of  the  Union  should  be  excluded  from  the  enjoyment  of  every 
privilege  to  which  he  may  be  entitled  under  the  Constitution 
of  the  United  States.  When  this  was  done,  the  President  was 
to  declare  Missouri  admitted,  by  proclamation.  This  resolution 
passed  the  House  of  Representatives  by  only  four  majority, 
Mr.  Randolph  and  other  southern  members  opposing  it  with 
all  their  might.  The  Missouri  restriction  bill  of  36°  30',  some 
times  called  "  the  Missouri  Compromise,"  was  also  acquiesced  in 
by  the  same  Congress,  upon  the  supposition  that  this  conces 
sion  to  the  demands  of  the  anti-slavery  sentiment  would  be  a 
quietus  to  the  agitation  of  the  matter.  Subsequent  events, 
however,  proved  how  delusive  was  this  hope,  and  how  danger 
ous  it  is  to  yield  even  the  slightest  constitutional  right  to  the 
demands  of  a  delusion  which  is  propagated  mainly  for  the  pur 
pose  of  acquiring  political  power.  The  overthrow  of  one  right 

2* 


34:  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

only  paves  the  way  for  the  destruction  of  another  still  more 
important  ;  and  the  party  thus  emboldened  by  success,  will 
continue  its  lawlessness  until  it  rides  over  every  barrier  of  the 
Constitution,  and  prostrates  every  right  which  is  not  sanctioned 
by  its  own  insane  creed,  or  until  it  installs  civil  war  in  order 
to  carry  out  its  exclusive  doctrines. 

Mr.  Buchanan's  entrance  to  Congress  was  immediately  sub 
sequent  to  these  events.  The  proclamation  of  Mr.  Monroe  had 
admitted  Missouri  as  one  of  the  States  of  the  Confederacy  dur 
ing  the  summer  of  1821.  The  country  had  been  agitated  with 
a  long  and  fearful  conflict,  and  all  parties,  after  the  settlement 
made  by  the  preceding  Congress,  were  but  too  glad  to  turn  their 
attention  from  a  subject  which  had  threatened  in  so  imminent 
a  degree  the  safety  of  the  Union,  to  others  more  practical  in 
their  character.  The  depression  of  the  times  suggested  many 
of  these,  and  the  Congress  of  1821 — 22  had  therefore  a  great 
deal  of  business  upon  its  hands  which  in  the  excited  state  of 
the  public  mind  on  the  Missouri  question,  had  been  neglected. 

The  array  of  talent  on  the  floor  of  Congress  when  Mr.  Bucha 
nan  arrived  in  Washington  was  impressive  and  commanding. 
In  the  House  were  the  ever  memorable  names  of  McDume,  Joel 
R.  Poinsett,  John  Randolph,  Philip  P.  Barbour,  Andrew  -Ste 
venson,  Louis  McLane,  and  others  equally  distinguished.  In 
the  Senate  were  Rufus  King,  Martin  Van  Buren,  Mahlon  Diek- 
erson,  Samuel  L.  Southard,  Nathaniel  Macon,  and  Richard  M. 
Johnson.  Mr.  Buchanan  immediately  took  rank  among  the 
most  industrious  and  indefatigable  members  of  the  House.  He 
was  always  in  his  seat,  and  generally  participated  in  every,  de 
bate  upon  any  important  public  question.  The  first  set  speech 
which  Mr.  Buchanan  delivered  in  Congress  was  upon  a  bill  mak 
ing  appropriations  to  the  military,  for  some  deficiencies  that 
had  occurred  in  the  •  Indian  department.  He  so"  ably  defended 
the  course  of  Mr.  Crawford,  then  Secretary  of  the  Treasury, 
that  the  "National  Intelligencer"  at  the  request  of  several 
gentlemen  departed  from  its  usual  course,  and  gave  a  verbatim 


MILITARY   APPROPRIATIONS.  35 

report  of  his  speech.  As  this  was  the  first  effort  of  Mr. 
Buchanan  on  the  floor  of  Congress,  and  as  it  gave  an  earnest  of 
the  future  distinction  that  awaited  him,  we  give  it  entire,  with 
the  exception  of  a  small  portion  mostly  taken  up  with  statis 
tics.  It  was  delivered  on  the  llth  of  January,  1822.  Mr. 
Buchanan  rising  said  : — 

"  MR.  CHAIRMAN  :  On  Friday  last,  when  the  House  adjourned, 
I  did  believe  that  the  subject  now  before  the  Committee  was 
involved  in  doubt  and  in  mystery.  I  thought  that  a  dark  cloud 
hung  over  the  transaction,  which  ought  to  be  cleared  up  before 
the  House  could  give  its  sanction  to  this  appropriation.  After  a 
careful  examination  the  mystery  has  vanished — the  cloud  has 
been  dispelled,  and  to  my  view  the  subject  appears  clear  as  the 
light  of  day.  If  it  had  not,  my  vote  would  be  given  against 
the  appropriation,  because  in  a  Republican  government  doubt 
and  mystery,  in  any  measure  proposed  by  the  Executive  depart 
ment,  should  always  be  sufficient  to  prevent  it  from  receiving 
the  support  of  the  House. 

"  In  the  remarks  which  I  propose  to  submit,  it  will  be  my 
endeavor  to  communicate  to  the  Committee  the  reasons  upon 
which  I  have  come  to  the  determination  to  give  this  appropria 
tion  my  unqualified  support.  If  I  should  be  wrong,  there  are 
many  gentlemen  in  the  House  whose  judgment  and  whose  ex 
perience  will  enable  them  to  correct  my  errors. 

"  Nice  distinctions  have  been  drawn  between  a  just  con 
fidence  in  the  Executive  departments,  and  an  unreasonable 
jealousy  of  their  conduct,  on  the  one  side  ;  and  on  the  other, 
between  that  confidence  and  a  belief  is  their  infallibility.  Ex 
tremes  in  such  case  are  very  dangerous.  Whilst  unreasonable 
jealousy  of  men  in  power  keeps  the  public  mind  in  a  state  of 
constant  agitation  and  alarm,  a  blind  reliance  upon  their  infal 
libility,  may  enable  them  to  destroy  the  liberties  of  the  people 
before  they  are  aware  of  the  existence  of  danger.  At  the  same 
time,  therefore,  that  I  trust  I  ain  one  of  the  last  men  in  the 


36  LIFE    AND    SERVICES    OF   JAMES   BUCHANAN. 

House  who  would  consent  to  establish  the  office  of  dictator  in 
the  commonwealth,  or  to  believe  in  the  infallibility  of  mortals 
in  politics  more  than  in  religion — yet  I  should  think  it  wrong  to 
withhold  from  a  public  officer  that  degree  of  confidence  which 
assumes  that  he  has  acted  correctly,  until  the  contrary  appears. 
It  ought  to  be  a  maxim  in  politics,  as  well  as  in  law,  that  an 
officer  of  your  government,  high  in  the  confidence  of  the  peo 
ple,  shall  be  presumed  to  have  done  his  duty,  until  the  reverse 
of  the  proposition  is  proved. 

"  These  observations  are  made,  not  because  I  believe  they 
have  any  bearing  upon  the  present  question,  but  simply  in 
answer  to  those  used  by  gentlemen  who  have  argued  upon  the 
opposite  side.  The  Secretary  of  War,  upon  the  present  occasion, 
requires  not  the  aid  of  presumptions  in  his  favor,  because,  to  my 
mind  at  least,  there  is  the  most  full,  satisfactory,  and  self-evident 
proof. 

"  Before  I  come  to  the  principal  question,  Mr.  Chairman,  per 
mit  me  to  answer  one  of  the  arguments  which  has  been  eloquently 
and  ingeniously  urged  by  the  gentlemen  opposed  to  this  appro 
priation. 

"  It  has  been  said,  with  truth,  that  the  Constitution  provides 
'  that  no  money  shall  be  drawn  from  the  treasury,  but  in  conse 
quence  of  appropriations  made  by  law.'  It  is  certain  that  this 
provision  is  the  best  security  for  the  liberties  of  the  people  in  the 
whole  of  the  instrument.  Once  transfer  this  branch  of  power, 
vested  in  Congress  by  the  Constitution,  to  the  Executive,  and 
your  freedom  is  but  an  empty  name.  That  department  of  the 
government,  having  then  the  command  of  the  purse,  might  very 
soon  assume  the  power  of  the  sword. 

"  Has  the  Secretary  of  War  violated  this  salutary  provision  ? 
Has  he  drawn  money  out  of  the  treasury  without  an  appropria 
tion  made  by  law  for  that  purpose  ?  Unquestionably  not.  So 
far  from  asking  you  to  sanction  such  an  unconstitutional  measure, 
he  is  now  requesting  you  to  make  an  appropriation  to  supply  a 
deficiency  in  the  means  which  you  had  provided  to  enable  him  to 


MILITARY   APPROPRIATIONS.  37 

discharge  positive  duties,  enjoined  upon  him  by  your  own 
laws.  w 

"Whether  this  deficiency  shall  be  supplied  out  of  the  public 
purse,  or  the  Secretary  be  made  responsible  in  his  private  capa 
city  to  those  with  whom  he  lias  made  contracts  on  the  faith  of 
the  government,  is  the  only  question  now  before  the  com 
mittee. 

"  Here  let  me  ask  gentlemen  why  they  are  so  much  alarmed  at 
the  fact  that  the  appropriation  has  proved  deficient  ?  Deficien 
cies  must  and  will  occur  so  long  as  the  men  who  wield  the  desti 
nies  of  this  government  are  fallible.  Nothing  short  of  the  spirit 
of  prophecy  can  prevent  them  from  happening,  unless  Congress 
should  think  proper  to  make  such  overwhelming  appropriations 
as  would  be  sufficient  to  cover  all  contingencies,  not  only  proba 
ble  but  possible.  They  existed  even  whilst  the  gentleman  from 
Virginia  (Mr.  Randolph)  was  chairman  of  the  Committee  of 
Ways  and  Means.  I  speak  the  honest  sentiments  of  my  heart, 
when  I  declare  that,  in  my  opinion,  he  possessed  as  much  pene 
tration  as  any  gentleman  who  ever  occupied  that  distinguished 
station.  Calculate,  with  the  nicest  precision,  the  future  probable 
expenses  of  any  department  of  the  government,  and  in  the  course 
of  the  year  for  which  the  estimate  is  made,  suppose  there  should 
be  no  events  of  extraordinary  occurrence,  still  it  will  be  a  miracle, 
if  ever  the  appropriation  shall  be  exactly  equal  to  all  the  neces 
sary  expenditures. 

11  At  the  instant  of  time  when  the  sum  appropriated  is  expended 
in  executing  your  laws,  would  you  have  the  wheels  of  govern 
ment  to  stop  ?  Would  you  declare  that  all  your  public  agents 
who  had  served  you  faithfully  should  receive  no  compensation, 
merely  because  either  you  or  your  Secretary  of  War,  in  the 
beginning  of  the  year,  could  not  foresee  the  expenses  which 
might  be  incurred  before  its  end  ? 

"  Take,  for  example,  the  army;  admit,  for  the  sake  of  argu 
ment,  that  which  is  impossible  even  in  times  of  the  most  profound 
tranquillity — that  you  had  estimated  the  future  annual  expense 


38  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

to  a  fraction,  and  had  made  .an  appropriation  accordingly. 
Suppose,  that  during  the  recess  of  Congress,  political  storms 
should  envelop  your  country,  that  treason  at  home,  or  war  from 
abroad,  were  about  to  disturb  your  peace,  and  that  the  point 
of  meditated  attack  was  within  the  knowledge  of  your  execu 
tive  :  under  such  circumstances,  would  the  President  of  the 
United  States  be  justified,  either  to  his  conscience  or  to  his  con 
stituents,  if  he  were  not  to  march  the  army  from  all  quarters  of 
the  Union  to  the  district  hi  danger  ?  What  would  you  then 
think  of  his  justification,  if  he  informed  you»that  he  neglected  to 
provide  for  the  common  defence,  because  the-  army  appropria 
tion  was  too  small  to  enable  him  to  embody  the  forces  ?  Such 
conduct  would  be  treason  against  the  Republic. 

"Your  security  hi  all  cases  of  this  kind,  arises  from  that 
admirable  provision  of  the  Constitution,  which  declares  that  no 
money  shall  be  drawn  from  the  treasury  but  under  the  authority 
of  the  law.  When  any  officer  of  the  government  applies  for 
the  passage  of  a  bill  to  supply  a  deficiency,  you  always  inquire 
into  the  reasons  why  it  has  occurred  ;  and  if  his  conduct  upon 
examination  is  found  to  be  correct,  you  will,  as  you  have  always 
hitherto  done,  supply  the  deficiency. 

"  This  course  of  policy  is  not  only  necessary  in  itself,  but  it 
gives  you  a  much  greater  control  over  the  public  purse,  than  if, 
in  the  beginning  of  the  year,  you  were  to  make  your  appropria 
tions  sufficiently  large  to  cover  all  contingencies.  Such  conduct 
would  be  a  powerful  temptation  to  the  officer  to  become  extrava 
gant  in  the  expenditure  of  public  money. 

"  Let  us  then  inquire,  whether  it  was  necessary  that  the  sum 
of  $170,000  should  have  been  expended  in  the  Indian  department 
during  the  year  1821,  to  carry  into  effect  the  spirit  and  inten 
tion  of  the  different  acts  of  Congress  ? 

"  It  has  been  urged,  that  as  Congress  appropriated  but 
$100,000  to  defray  the  current  expenses  of  that  department 
during  the  last  year,  the  Secretary  was  bound  to  confine  himself 
within  that  amount.  The  necessary  consequence  would  be, 


MILITARY    APPROPRIATIONS.  39 

that  the  laws  establishing  that  branch  of  our  policy,  were  in 
this  manner,  at  least  in  part,  repealed. 

"  This  is,  I  confess,  the  first  occasion  on  which  I  have  ever 
heard  that  a  system  of  laws  which  had  received  a  fixed  construc 
tion  by  the  practice  of  the  nation  for  more  than  twenty  years, 
could  be  repealed,  not  by  withdrawing  the  whole,  but  a  part  of 
appropriation  necessary  to  carry  them  into  effect.  If  this  were 
the  case,  it  would  give  to  estimates,  uncertain  in  their  very 
nature,  the  effect  of  expunging  from  our  statute-book  the  most 
wholesome  regulations.  Nay,  more,  it  would  be  delegating 
legislative  powers  to  the  head  of  a  department,  and  would  intro 
duce  the  very  evil  against  which  gentlemen  are  so  anxious  to 
guard.  By  this  construction,  if  there  be  laws  in  existence 
enjoining  a  variety  of  duties  on  any  officer  of  the  government, 
and  if,  to  enable  him  to  discharge  all  those  duties,  an  annual 
expenditure  of  $170,000  is  necessary,  your  appropriation  of  but 
$100,000  for  that  purpose  would  make  him  the  legislator, 
instead  of  yourselves.  You  thus  necessarily  vest  in  him  the 
power  of  deciding  what  parts  of  the  system  shall  remain  in 
vigor,  and  what  part  shall  fall  before  his  power.  In  order  to 
ascertain  what  laws  are  repealed,  you  would  be  obliged  to 
resort,  not  to  your  statute-book,  but  to  the  head  of  a  depart 
ment.  Even  then  they  would  be  forever  varying,  because, 
whilst  he  confined  himself  within  his  appropriation,  he  might  at 
his  pleasure  range  through  the  whole  system  as  it  originally 
stood,  and  select  from  it  such  parts  as  he  thought  proper  to 
carry  into  effect.  This  is  not  the-  manner  in  which  Congress 
ever  will,  or  ever  can,  manifest  their  intention.  If  they  desire 
to  reduce  the  expenses  of  any  department  of  the  government, 
themselves  will  lop  off  every  branch  which  they  deem  superflu 
ous,  and  not  leave  it  to  the  discretion  of  any  executive  officer, 
no  matter  how  exalted  his  station.  Whilst,  however,  certain 
duties  are  enjoined  on  any  department  of  the  government,  by 
acts  of  Congress,  or  by  treaties,  we  are  bound  to  supply  the 
officer  with  the  means  necessary  to  the  performance  of  those 


40  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

duties.  If,  in  such  a  case,  our  appropriation  has  been  insuffi 
cient,  we  ought  at  once  to  supply  the  deficiency. 

"  This  system,  so  eminently  calculated  to  preserve  tranquillity 
around  our  borders,  and  to  prevent  the  intrigues  of  another 
nation  from  obtaining  for  them  an  undue  ascendency  over  the 
minds  of  the  savages  has  been  long  established,  and  was  as 
much  incorporated  into  your  policy  as  that  of  sending  ambas 
sadors  to  foreign  courts.  Did  Congress  express  any  disappro 
bation  of  this  system.  Did  they  destroy  any  part  of  it  by 
the  bill  which  appropriated  $100,000  for  the  current  expenses 
of  the  year  ?  Did  they  intend  that  the  Secretary  should  destroy 
the  objects  of  ascertained  or  of  contingent  expense  ?  Both  had 
been  equally  provided  for,  by  your  laws,  and  by  your  treaties, 
Did  Congress  mean  either  that  the  Indians  should  receive  no 
rations  at  your  military  posts,  or  that  no  presents  should  be 
given  to  them,  or  that  they  should  be  deprived  of  the  benefit 
of  receiving  agricultural  instruments  from  your  hands  ?  If  they 
did,  they  have  expressed  no  such  determination  by  any  law. 
The  consequence  of  the  construction  contended  for  is,  that  if 
they  intended  anything,  by  appropriating  but  $100,000,  it  was 
to  enable  the  Secretary  to  legislate  in  your  behalf,  and  to  repeal 
so  much  of  existing  laws  and  existing  treaties  as  would  reduce 
the  expense  to  $100,000.  This  he  had  no  power  to  do,  and  to 
allow  him  to  exercise  it  would  establish  a  most  dangerous  pre 
cedent  against  the  liberties  of  this  people.  It  would  be  to  allow 
an  officer  to  stop  the  wheels  of  government  and  paralyze  the 
energies  of  the  law  the  moment  the  appropriation  which  had 
been  made  was  expended. 

"  Could  the  Secretary  have  ever  supposed  that  you  intended 
to  destroy  any  part  of  this  establishment  ?  Certainly  not,  be 
cause  the  expenditures  are  most  just  as  well  as  most  politic.  You 
have  driven  that  noble  race  of  men  from  the  hunting  grounds 
which  God  and  nature  intended  for  their  support.  You  have 
caused  intestine  wars  to  rage  continually  among  them,  by  driv 
ing  remote  tribes  near  together,  and  thus  making  it  necessary 


MILITARY   APPROPRIATIONS.  41 

to  their  existence  that  they  should  invade  the  hunting  grounds 
of  each  other.  During  the  very  last  year,  it  appears  from  the 
letter  of  the  Secretary  that  the  disbursements  have  been  in 
creased  by  the  emigration  of  the  Indians  from  the  States  of 
Ohio,  Indiana,  and  Illinois,  beyond  the  Mississippi.  After  thus 
crowding  them  together,  you  make  them  waste  their  scanty 
supply  of  game  by  inducing  them  to  destroy  it  without  neces 
sity,  so  that  you  may  obtain  their  fur  to  gratify  your  appetite 
for  luxury.  In  this  situation,  to  which  they  have  been  reduced 
by  our  policy,  the  laws  have  provided  that,  when  the  cravings 
of  hunger  shall  drive  these  children  of  the  forest  to  your  mili 
tary  posts,  either  on  the  frontier  or  in  their  own  territory  they 
shall  receive  food  ;  that  in  order  to  preserve  their  existence  and 
enable  them  to  live  upon  the  circumscribed  limits  within  which 
they  have  been  driven,  they  should  be  taught  agriculture,  and 
receive  the  implements  of  husbandry ;  that,  when  their  chiefs 
think  proper  to  visit  your  metropolis,  you  will  enable  them  to 
do  so  by  paying  their  expenses,  and  thus  manifest  to  them  the 
extent  of  both  your  power  and  your  friendship.  In  short,  all 
the  other  provisions,  which  our  laws  and  our  treaties  have  made 
for  them,  and  which  I  shall  not  detail,  are  founded,  not  only  in 
the  strictest  justice,  but  in  the  wisest  policy. 

"  Did  Congress  intend,  by  the  mere  act  of  appropriating 
$100,000  for  the  current  expenses  of  the  last  year,  that  the 
head  of  a  department  should  alter  the  laws  of  the  land,  and  that 
he  might  at  his  will  declare  what  part  of  the  Indian  system 
should  be  in  force,  and  what  part  should  be  considered  as 
repealed?  Was  it,  for  example,  their  determination  that  no 
treaties  should  be  held  with  the  Indians,  however  necessary  they 
might  have  been,  because  the  Secretary  had  thought  proper  to 
apply  the  whole  of  your  appropriations  to  other  objects  ?  This 
never  could  have  been  their  intention.  Congress  alone  have 
the  power  of  changing  this  system  of  policy,  whenever  they 
think  proper  to  do  so,  by  unequivocal  legislative  acts  ;  then, 
and  not  till  then,  does  it  become  the  duty  of  executive  officers 


4.2  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

to  obey.  They  dare  not  sooner  neglect  to  carry  existing  laws 
and  treaties  into  effect. 

"  Suppose  the  Secretary  had  thought  proper  materially  to 
alter  our  policy  towards  the  Indians,  and  the  first  information 
you  had  heard  of  the  change  was,  as  it  probably  would  have 
been,  the  howl  of  savage  warfare  around  your  borders,  and  the 
shrieks  of  helpless  women  and  children  under  the  scalping-knife, 
could  you  then  have  justified  his  conduct  ?  Would  you  then 
have  told  him  that  he  had  the  power  of  altering  the  whole  sys 
tem,  because  a  sufficient  appropriation  had  not  been  made  to 
keep  it  in  motion  till  the  end  of  the  year  ?  And  this,  too,  when 
the  very  sentence  before  the  appropriation  of  $100,000  provided 
that  $130,205  44  should  be  drawn  from  the  treasury  to  cover 
past  arrearages  in  the  Indian  department?  The  legitimate 
meaning  of  a  reduction  in  the  appropriation  was  not  to  destroy 
any  part  of  our  policy  towards  the  Indians,  but  to  warn  the  Sec 
retary  to  use  the  strictest  economy  in  carrying  every  part  of  it 
into  effect.  It  has  produced  that  happy  result.  He  has 
informed  you  that  the  expenses  of  the  present  year  will  not 
exceed  $150,000.  This  sum  is  upwards  of  $85,000  less  than, 
upon  an  average,  was  appropriated  to  the  same  purpose,  in  each 
year,  from  1815  to  1820,  both  inclusive.  It  is  but  a  few  thou 
sand  dollars  more  than  was  expended  for  the  use  of  the  same 
department  for  each  of  the  two  last  years  of  Mr.  Jefferson.  In 
the  meantime,  our  relations  with  the  Indians  have  been  greatly 
extended  with  our  extending  frontier,  and  we  have  become 
acquainted  with  tribes,  of  which  before  we  had  never  even  heard 
the  names.  This  great  curtailment  of  expense  places  the  char 
acter  of  the  present  Secretary,  in  this  particular,  upon  an 
exalted  eminence  ;  and  the  more  so,  as  it  is  well  known  that  not 
one  cent  more  of  money  was  expended  by  the  administration  of 
Mr.  Jefferson  than  was  necessary  to  accomplish  its  objects. 

"  But  suppose,  for  the  sake  of  argument,  that  the  Secretary 
ought  to  have  inferred  from  your  appropriation  bill  that  you 
intended  he  should  change  the  Indian  system,  still  we  should 


MILITARY   APPROPRIATIONS.  4:3 

vote  the  $70,000  to  supply  the  deficit.  If  we  do  not,  we 
require  that  he  should  have  performed  miracles. 

"  This  system  has  been  in  constant  and,  in  vigorous  operation 
since  1802.  For  six  years  before  the  passage  of  the  last  appro 
priation  bill,  its  average  annual  expense  had  been  more  than 
$235,000.  That  bill  did  not  pass  until  the  3d  of  March.  Be 
fore  that  time,  it  has  not  been  alleged  that  there  had  been  a 
whisper  of  disapprobation  against  the  former  appropriations  for 
the  Indian  Department.  On  the  contrary,  during  that  period, 
$200,000  at  least  had  been  'appropriated  every  year ;  and,  in 
addition,  large  deficiencies  had  been  supplied,  without  a  mur 
mur.  The  Secretary,  acting  under  a  firm  conviction  that  the 
same  system  would  be  pursued,  had  taken  the  measures  neces 
sary  to  continue  its  motion  for  another  year,  some  time  before 
the  passage  of  the  bill.  The  places  at  which  the  money  was 
principally  to  be  expended,  were  agencies  upon  the  borders  of 
your  vast  empire,  far  beyond  the  utmost  limits  of  civilization. 
The  distance  to  many  of  them  is  so  remote,  and  the  communi 
cation  so  precarious,  that  the  Secretary  has  informed  you  they 
cannot  be  heard  from  more  than  twice,  and  often  but  once,  in 
the  whole  course  of  the  year. 

"  Cc-ld  the  motion  of  this  vast  machinery  be  at  once  sus 
pended?  In  the  beautiful  language  of  the  gentleman  from 
South  Carolina  (Mr.  Lowndes)  it  had  received  its  impulse  before 
the  passage  of  the  bill,  and  the  momentum  could  not  be  with 
drawn  from  it  in  a  shorter  period  of  time  than  one  year.  To 
require  the  Secretary,  therefore  to  stop  it  immediately,  would 
have  been  asking  him  to  do  that  which  was  utterly  impossible. 

These,  Mr.  Chairman,  are  the  remarks  which  I  conceived  it 
to  be  my  duty  to  make  on  the  subject  now  before  the  commit 
tee.  I  have,  personally,  no  feeling  of  partiality  for  the  Secre 
tary  of  War,  nor  of  prejudice  against  him.  I  view  him  merely 
as  a  public  character,  and  in  that  capacity  I  conscientiously 
believe  that  upon  the  present  occasion  he  has  done  his  duty, 
and  acted  in  the  only  manner  in  which  he  could  constitutionally 


44:  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

act.     In  my  opinion,  therefore,  he  deserves  applause,  instead  of 
censure. 

"  One  other  view  of  the  subject,  Mr.  Chairman,  and  I  shall 
have  done.  In  whatever  light  the  conduct  of  the  secretary  may 
appear,  still  the  deficit  ought  to  be  supplied.  This  case  does 
not  require  such  an  argument  ;  but  suppose,  for  a  moment  he 
had  acted  improperly,  is  this  one  of  those  extreme  cases — for  I 
admit  that  such-  may  possibly  exist — in  which  the  House  should 
withhold  an  appropriation  to  supply  a  deficiency  ?  Will  any 
gentleman  say,  that  individuals  who  have  fairly  and  honestly 
entered  into  contracts  with  your  Secretary  of  War  on  the  faith 
of  the  government  shall  suffer  ?  Surely,  you  would  not  impose 
the  task  on  every  person  who  binds  himself  by  agreement,  to  per 
form  services  for  the  government,  to  inquire  whether  the  appro 
priation  made  by  Congress  justified  his  employment.  If  you 
did,  he  then  becomes  responsible  for  what  in  the  nature  of  things 
cannot  be  within  his  knowledge.  To  enable  him  to  ascertain 
whether  he  might  safely  contract  with  the  head  of  one  your 
executive  departments,  he  should  be  informed,  not  only  of  the 
amount  of  appropriations,  but  in  what  manner  their  expenditure 
has  proceeded,  and  is  proceeding,  in  every  part  of  the  Union.  It 
would  be  crying  injustice  to  inform  the  men  who  have  aban 
doned  civilized  life,  and  undergone  all  the  dangers,  the  hardships 
and  the  privations  of  dwelling  among  savages  in  the  wilderness, 
for  the  purpose  of  promoting  the  interest  and  the  glory  of  their 
country,  that  they  shall  receive  no  compensation  for  their  ser 
vices,  because  the  secretary  who  employed  them  has  exceeded 
his  appropriation.  This  would  be  making  the  innocent  suffer 
instead  of  the  guilty  ;  if,  therefore,  there  has  been  any  impro 
priety  in  the  conduct  of  the  Secretary,  as  some  gentlemen  have 
insinuated,  but  which  I  utterly  deny,  it  is  a  question  which 
should  be  settled  between  you  and  him,  and  one  in  the  decision 
of  which  the  rights  of  the  persons  employed  under  his  authority 
ought  not  to  be  involved.  Indeed,  no  gentlemen  has  yet  said 
that  these  men  ought  not  to  be  paid  out  of  the  public  treas- 


BANKKUPT   BILL.  4:5 

ury.  Why  then,  considering  this  question  in  every  point  of  view, 
in  which  it  can  be  presented,  is  there  any  objection  against 
voting  $70,000  to  supply  the  deficiency  in  the  appropriation  of 
the  last  year  ?  I  hope  it  will  pass  without  further  difficulty." 

Mr.  Buchanan  seems  to  have  been  uncommonly  active  during 
the  whole  period  of  the  first  session  he  was  in  Congress.  Nothing 
that  affected  the  interests  of  his  constituents  was  allowed  to  pass 
unnoticed.  Indeed  Mr.  B.  seems  to  have  entertained  from  the 
start  the  idea  that  he  was  strictly  the  servant  of  the  people  who 
had  elected  him,  and  that  in  his  capacity  of  representative  in  Con 
gress,  he  was  bound  to  attend,  first  of  all,  to  the  concerns  of 
his  immediate  district.  While  he  was  strict  in  the  expenditure 
of  money  he  was  liberal  where  patriotism  made  the  demand. 
When  some  members  found  fault  with  a  bill  authorizing  the  relief 
of  soldiers  disabled  in  the  revolutionary  war,  Mr.  Buchanan  met 
the  opposition  with  the  remark  that  the  amount  the  bill  proposed 
to  appropriate  "  was  a  scanty  pittance  for  the  war-worn  soldier," 
and  that  he  was  altogether  averse  to  opposing  a  matter  of  so 
trifling  a  character,  where  the  demands  of  patriotism  were  so 
imperative.  Among  other  things  which  engaged  his  attention, 
and  upon  which  he  made  speeches,  were  the  Apportionment  Bill, 
Transactions  in  Florida,  the  Bankrupt  Bill,  Appropriation  Bill, 
and  other  matters  of  minor  importance.  Various  charges  had 
been  brought  against  Gen.  Jackson's  conduct  in  Florida,  the 
most  prominent  of  which  were  that  he  had  usurped  authority 
and  actually  violated  the  laws  of  his  country.  Mr.  Buchanan, 
then  a  warm  friend  of  Gen.  Jackson,  was  among  the  most  ear 
nest  to  have  them  investigated.  Speaking  upon  this  subject,  he 
remarked,  "  that  the  most  serious  consequences  might  be 
expected  to  result,  if,  after  charges  of  this  sort  were  made 
against  an  individual,  the  House  should  avoid  meeting  the  ques 
tion — should  put  them  to  sleep  by  permanently  laying  them  on 
the  table.  He,  for  one,  was  willing  to  meet  the  proper  respon 
sibility  of  declaring  his  opinion,  either  of  the  guilt  or  innocence 


4:6  LIFE   AXD    SERVICES    OF   .TAMES    BUG  I  TAX  AN. 

of  this  distinguished  individual."  It  is  scarcely  necessary  to 
lemark  that  these  charges  trumped  up  against  Gen.  Jackson  by 
tis  enemies  were  not  sustained. 

The  most  important  speech  that  Mr.  Buchanan  made  at  this 
session  of  Congress  was  one  on  a  Bankrupt  Law,  which  was 
powerfully  advocated  by  several  of  the  most  distinguished  de 
baters  on  the  floor  of  the  House.  There  probably  never  has 
been  a  time  in  the  history  of  our  country  so  opportune  as  the 
one  which  the  opponents  of  the  democracy  of  that  day  took  to 
bring  about  "  a  uniform  system  of  bankruptcy."  The  universal 
prostration  of  commercial  affairs,  the  general  and  wide  spread 
disasters  which  seemed  to  be  the  inevitable  fate  of  all  classes, 
and  the  constant  cry  for  relief  which  was  thundering  at  the 
doors  of  every  legislative  body  were  enough  to  make  the  best 
grounded  in  democratic  principles  waver.  The  bill  was  drawn 
up  in  the  most  seductive  form.  Its  operation  was  to  continue 
only  three  years,  when  it  expired,  unless  all  branches  of  the  gov 
ernment  should  concur  in  re-enacting  it.  It  was  shown  by  the 
friends  of  the  bill  that  there  was  an  unexampled  number  of  in 
solvent  debtors,  and  they  contended  that  a  large  majority  of 
these  individuals  were  really  innocent,  and  merely  unfortunate 
men,  reduced  to  their  embarrassments  by  the  unforeseen  disasters 
of  the  times.  It  was  shown,  that  by  a  rapid  transition  the 
country  had  passed  from  a  state  of  unexampled  prosperity  to 
a  condition  of  commercial  and  financial  ruin,  to  which  no  pre 
cedent  could  be  shown  in  the  history  of  the  nation.  England 
and  all  the  continental  countries  had  Bankrupt  laws,  and  why 
should  not  the  United  States  ?  ,The  law  was  held  up  as  a  benefit 
to  all  classes,  and  one  imperatively  demanded  by  the  peculiar 
condition  of  the  times.  Mr.  Buchanan  did  not  participate  in 
the  debate,  which  was  long  and  very  animated,  until  late  in  the 
session  and  just  before  the  bill  came  up  for  final  reading.  Then 
he  delivered  one  of  the  most  powerful  and  eloquent  speeches  of 
the  session,  taking  decided  ground  against  so  unequal  and  unjust 
a  law — one  intended  merely  to  encourage  the  wildest  specu- 


BANKRUPT  BILL.  47 

lations,  and  tending  to  destroy  public  as  well  as  private  credit. 
The  speech  is  quite  a  lengthy  one,  but  it  will  amply  repay 
perusal,  as  well  for  the  just  sentiments  it  contains  as  for  its  elo 
quent  and  triumphant  vindication  of  public  and  private  honesty, 
and  the  rights  of  the  people.  It  was  delivered  on  the  12th  of 
March,  1822. 

"  MR.  SPEAKER  :  Before  the  amendment  proposed  by  the 
gentleman  from  Kentucky  had  obtained  the  sanction  of  this 
House,  the  question  whether  the  bill  should  be  engrossed  for  a 
third  reading  was  one  of  very  great  importance.  That  question 
has,  however,  dwindled  into  insignificance  compared  with  the 
one  at  present  under  consideration.  We  are  now  called  upon 
to  decide  the  fate  of  a  measure  of  awful  importance.  The  most 
dreadful  responsibility  rests  upon  us.  We  are  not  now  to  deter 
mine  merely  whether  a  bankrupt  law  shall  be  extended  to  the 
trading  classes  of  the  community  but  whether  it  shall  embrace 
every  citizen  of  this  Union  and  spread  its  demoralizing  influence 
over  the  whole  surface  of  society. 

"  The  amendment  which  has  been  adopted  to-day  makes  it 
my  imperative  duty,  even  at  this  protracted  period  of  the  de 
bate,  to  trespass  upon  the  patience  of  the  House.  I  have  the 
honor  in  part  of  representing  an  honest,  a  wealthy,  and  a 
respectable,  agricultural  community.  I  owe  to  them,  to  my 
conscience  and  to  my  God  not  to  suffer  this  bill  to  pass,  which 
I  conceive  to  be  now  fraught  with  destruction  to  their  best 
interests,  both  moral  and  political,  without  entering  my  solemn 
protest  against  its  provisions.  We  have  heard  it  repeated  over 
and  over  again  by  the  friends  of  a  bankrupt  bill  that  it  should 
be  confined  by  the  mercantile  classes.  One  of  the  principal 
arguments  urged  in  its  favor  by  its  eloquent  supporters,  was 
that  merchants  from  the  nature  of  their  pursuits  were  exposed 
to  the  vicissitudes  of  fortune  more  than  other  men,  and  that, 
therefore,  their  situation  required  a  peculiar  system  of  laws. 

"  That  in  this  country  their  fortunes  had  not  only  been  ex- 


48  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

posed  to  the  dangers  commonly  incident  to  their  profession,  but 
that  the  commercial  regulations  of  the  government,  the  embar 
go,  the  non-intercourse  laws,  and,  finally  the  war,  had  brought 
ruin  upon  thousands.  It  was,  therefore,  inferred  that  Congress 
were  under  a  moral  obligation  to  pass  a  bankrupt  law  for  their 
relief.  The  policy  of  all  the  modern  commercial  nations  in  the 
world  was  presented  before  us  for  our  imitation  ;  England, 
France,  Scotland,  Ireland,  Holland,  and  Spain,  we  had  been 
told,  each  extended  a  bankrupt  law  to  the  merchant,  and 
absolved  him  from  the  payment  of  his  debts  upon  certain  con 
ditions.  Indeed,  a  great  portion  of  the  argument  consisted  in 
drawing  a  line  of  distinction  between  traders  and  the  remain 
ing  classes  of  society.  Judge  then,  Mr.  Speaker,  of  my  aston 
ishment  when,  to-day,  I  found  these  gentlemen  voting  in  favor  of 
introducing  an  amendment  extending  the  provisions  of  this 
bill  to  every  individual  in  society  who  might  ask  to  become  its 
object.  Will  you  pass  a  bankrupt  law  for  the  farmer  ?  Will 
you  teach  that  vast  body  of  your  best  citizens  to  disregard  the 
faith  of  contracts  ?  Are  you  prepared  to  sanction  a  principle 
by  which  the  whole  mass  of  society  will  be  in  danger  of  being 
demoralized  ?  and  it  will  be  left  to  an  election  by  every  man's 
creditors,  in  which  a  majority  of  two-thirds  in  number  and 
value  against  the  consent  of  the  remainder,  shall  have  the 
power  of  discharging  him  from  the  obligation  of  all  his  con 
tracts.  Surely  the  House  of  Representatives  are  not  prepared 
to  answer  these  questions  in  the  affirmative.  No  nation  in  the 
world,  whether  commercial  or  agricultural,  whether  civilized 
or  savage,  has  ever  for  a  moment  entertained  the  idea  of 
extending  the  operation  of  their  bankrupt  laws  beyond  the 
class  of  traders.  Fortunately  for  our  constituents,  we  have 
not  the  power  of  doing  so.  The  Constitution  correctly  ex 
pounded  has  proclaimed,  '  hitherto  shalt  thou  go,  but  no  fur 
ther/ 

"  Nothing  but  a  desperate  effort  to  revive  this  expiring  bill 
could  have  ever  induced  its  friends  to  have  adopted  the  amend- 


•*  BAXKRTJPT   BILL.  49 

ment  which  has  just  now  been  carried.  In  the  discussion  of 
this  question,  I  can  assure  the  House,  it  is  not  my  intention  to 
travel  over  the  ground  which  has  been  already  occupied,  or 
repeat  the  argument  which  has  been  already  urged.  The 
subject  naturally  divides  itself  into  two  questions — the  one  of 
Constitutional  power,  the  other  of  policy.  On  the  first,  as  the 
bill  stood  before  the  introduction  of  the  last  amendment,  I  had 
not  a  single  doubt.  Much  as  I  would  have  deprecated  the 
passage  of  the  then  bill,  I  should  have  been  infinitely  more 
alarmed  if  this  House  had  determined  that  the  enactment  of 
such  a  law  transcended  the  constitutional  power  of  Congress. 
Upon  this  branch  of  the  subject,  the  ingenious  arguments  of  the 
gentleman  from  Virginia  had  not  created  a  doubt  in  my  mind. 

"  Where  doubts  before  did  exist,  the  argument  of  the  gentle 
man  from  South  Carolina  (Mr.  Lowudes),  and  of  my  honorable 
colleague  (Mr.  Sergeant)  were,  in  my  opinion,  caculated  entirely 
to  remove  them,  and  to  carry  conviction  to  every  understand 
ing.  A  new  question  of  constitutional  power  has  now  arisen 
on  the  amendment.  The  Constitution  declares  that  '  the  Con 
gress  shall  have  power  to  establish  uniform  laws  on  the  subject 
of  bankruptcies  throughout  the  United  States.'  To  this  pro 
vision  I  am  willing  to  give  a  fair  and  a  liberal  construction. 
Congress  have  the  power  to  discharge  from  their  debts  on  the 
terms  prescribed  by  the  bill,  all  persons  upon  whom  a  law  ema 
nating  from  the  clause  of  the  Constitution  may  legitimately  act. 

But  can  Congress  make  a  law  extending  the  penalties  and  the 
privileges  of  a  bankrupt  system  to  every  individual  in  society  ? 
Can  they  embrace  in  its  provision  the  farmer,  the  clergyman, 
the  physician,  or  the  lawyer  ?  Such  a  proposition  was  never 
seriously  contended  for  before  this  day. 

"  By  considering  the  meaning  of  the  term  bankrupt,  we 
shall  be  able  at  once  to  solve  the  difficulty.  In  adverting  to  its 
origin,  we  find  the  literal  signification  of  the  word  to  be  a 
broken  counter,  which  by  a  figure  of  speech  has  been  applied 
in  ou-r  language  to  a  broken  merchant.  la  the  oomiaeroiai  k,ws 

8 


60  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

of  all  the  nations  of  the  continent  of  Europe,  bankruptcy  is 
confined  to  merchants  in  the  strictest  sense  of  the  word.  The 
operation  of  the  bankrupt  laws  of  England  has  been  extended 
by  judicial  construction  somewhat  further,  and  they  now  embrace 
within  their  grasp,  not  only  the  merchant  properly  so  called, 
but  all  persons  who  are  traders,  and  are  concerned  in  buying 
and  selling  any  kind  of  merchandise,  unless  they  have  been 
expressly  excepted  by  some  positive  legislative  provision.  This 
exposition  of  the  law  extends  not  only  to  those  who  sell  any 
commodity  in  the  same  state  in  which  they  purchase  it,  but 
also  to  the  manufacturer  and  the  mechanic  who  bestow  upon  it 
their  labor  and  their  skill,  and  thus  render  it  more  valuable. 
The  bill,  as  it  formerly  stood,  confined  itself  strictly  within  this 
range.  Indeed,  it  was  more  circumscribed  as  to  the  persons 
on  whom  it  would  have  operated  than  the  bankrupt  laws  of 
England.  I  am  willing,  then,  to  expound  the  powers  of  Con 
gress  upon  the  subject  liberally. 

"  In  construing  the  Constitution,  Congress  ought  not  to  be 
fettered  by  nice  technical  rules.  I  admit  that  they  have  the 
power,  whenever  they  think  proper  to  call  it  into  exercise, 
of  establishing  a  system  of  bankruptcy  which  shall  embrace  all 
persons  who  have  ever  been  embraced  even  by  the  bankrupt  laws 
of  England.  Further  than  this  they  cannot  proceed,  without 
extending  the  plain  meaning  of  the  word,  bankruptcy,  as  it  has 
been  received  by  every  commercial  nation  of  Europe,  and  vio 
lating  both  the  letter  and  the  spirit  of  the  Constitution.  In 
making  this  admission,  I  am  sensible  that  many  may  suppose  I 
am  giving  a  latitude  of  construction  to  the  instrument  which  is 
not  warranted  by  its  spirit. 

"  The  authority  to  establish  uniform  laws  on  the  subject  of 
bankruptcies  throughout  the  United  States,  is  contained  in  a 
clause  of  the  Constitution,  which  immediately  follows,  that  to 
regulate  commerce  with  Foreign  Nations,  and  among  the  sev 
eral  States,  and  with  the  Indian  tribes.  The  power  over  bank 
ruptcy  evidently  originated  from,  and  is  closely  connected  with 


BANKRUPT   BILL.  51 

that  over  commerce.  This  commerce  which  Congress  has  the 
power  of  regulating,  is  chiefly,  if  not  exclusively,  conducted  by 
merchants,  in  the  strictest  sense  of  the  term,  and  principally  by 
that  class  of  them  denominated  importers.  They  are  the  men  most 
exposed  to  the  vicissitudes  of  trade,  and,  on  that  account,  are 
more  properly  the  object  of  such  a  law  than  people  of  any  other 
description.  It  might,  therefore,  with  much  plausibility,  be 
contended,  that  the  power  of  Congress  over  bankruptcy  is 
confined  to  that  description  cf  merchants.  Another  argument, 
wliich  would  give  additional  strength  to  this  construction, 
arises  from  the  general  spirit  of  the  Federal  Institutions.  They 
do  not  propose  to  embrace  the  internal  policy  of  the  States. 
The  jurisdiction  of  the  federal  courts  is  confined  by  the  Consti 
tution  to  controversies  between  citizens  of  the  different  States, 
and  between  foreigners  and  citizens  of  the  United  States.  To 
such  suits  the  men  who  carry  on  the  intercourse  with  foreign 
nations,  and  between  the  different  States,  are  most  generally 
parties. 

"  The  object  which  I  have  in  view  in  using  these  arguments, 
is  not  to  prove  that  the  constitutional  power  of  Congress  is 
confined  to  such  merchants,  but  to  show  that  it  is  contrary  to 
the  nature  and  the  spirit  of  our  government  to  extend  it  to  all 
classes  of  people  in  the  community.  The  bill  as  it  stood  before 
the  amendment,  went  quite  far  enough.  It  would  even  then 
have  brought  the  operation  of  the  law,  and  the  jurisdiction  of 
the  federal  courts  into  the  bosom  of  every  community.  The 
bill,  however,  as  it  now  stands,  if  it  should  pass,  will  entirely 
destroy  the  symmetry  of  our  system,  and  make  those  courts  the* 
arbiters,  in  almost  every  casex)f  contract  to  which  any  member 
of  society,  who  thinks  proper  to  become  a  bankrupt,  may  be  a 
party.  It  will  at  once  be,  in  a  great  degree,  a  judicial  consoli 
dation  of  the  Union.  This  was  never  intended  by  the  framers 
of  the  Constitution.  Some  of  the  terrible  evils  which  would 
flow 'from  such  a  system,  I  shall  have  reason  to  delineate,  when 
I  come  to  speak  of  the  policy  of  its  adoption. 

**         *         *         *         *         *         *         * 


52  LIFE    AND    SERVICES    OF   JAMES   BUCHANAN'. 

"  I  shall  now  proceed  to  lay  before  the  House  ray  objections 
to  the  passage  of  this  bill  ;  as  it  now  stands,  certain  classes  of 
society  are  exposed  to  its  adverse  operations  upon  the  commis 
sion  of  any  of  the  acts  of  bankruptcy  described  in  its  first 
section.  Every  individual  in  the  community,  including  those 
embraced  by  the  bill  previous  to  the  late  amendment,  may 
become  voluntary  bankrupts.  It  will  be  necessary  here  briefly 
to  inquire  who  may  be  declared  bankrupts  against  their  will. 
The  adverse  operation  of  the  law  will  not  be  confined  to  whole 
sale  and  retail  merchants,  strictly  speaking,  and  to  dealers  in 
exchange,  bankers,  brokers,  factors,  underwriters,  and  marine 
insurers.  By  the  construction  which  has  been  placed  upon  the 
words,  "  other  persons  actually  using  the  trade  of  merchandise, 
by  buying  and  selling  in  gross  or  by  retail,"  not  only  every  dealer 
in  any  article,  but  every  manufacturer  or  mechanic  who  pur 
chases  any  material,  bestows  his  skill  and  labor  upon  it,  and 
sells  it  in  its  improved  state,  falls  within  the  compulsory  branch 
of  this  bill,  unless  expressly  excepted  by  the  proviso  in  its  first 
section.  Thus,  the  distiller  who  purchases  grain,  converts  it, 
into  whisky  and  sells  the  whisky,  would  clearly  be  within  its 
operation.  The  miller,  also,  who  buys  wheat  and  sells  it 
converted  into  flour,  may  be  declared  a  bankrupt  against  his 
will.  These  cases  are  cited  only  as  examples  to  illustrate  the 
general  rule.  Each  individual  member  can  imagine  many 
others. 

"  I  will  now  proceed  to  that  which  strikes  my  mind  as  a 
radical  objection  to  the  existence  of  this  or  any  other  adversary 
bankrupt  bill  in  the  United  States.  It  arises  from  the  nature 
of  our  free  institutions,  and  is  /me  that  exists  in  no  other 
country  on  the  globe.  It  springs  out  of  the  best  principles 
of  the  Federal  Constitution,  and  it  cannot  be  removed  without 
expunging  them  from  the  instrument.  In  what  manner  is  a 
person  to  be  declared  a  bankrupt  by  the  bill  now  before  the 
House  ?  On  the  petition  of  any  creditor,  accompanied  by  an 
affidavit  of  the  truth  of  his  debt,  the  circuit  or  district  judge 


BANKRUPT   BILL.  53 

of  the  United  States  is  authorized  to  issue  a  commission  of  bank 
ruptcy.  The  alleged  bankrupt  may,  however,  appear  before  the 
commissioners,  deny  that  he  has  committed  any  act  of  bank 
ruptcy,  and  demand  a  trial  by  a  jury  of  his  country,  before  the 
judge  who  issues  the  commission.  This  is  a  right  of  which  he 
cannot  be  deprived  by  the  power  of  Congress.  In  the  emphatic 
language  of  the  Constitution,  '  he  shall  not  be  deprived  of  his 
life,  his  liberty,  or  his  property,  without  due  process  of  law.' 
This  trial  before  the  circuit  or  district  judge  may  and*  probably 
will,  in  a  majority  of  cases,  be  delayed  for  years  before  its  final 
termination. 

"  In  free  governments  we  cannot  move  with  the  celerity  of 
despotism.  During  its  pendency,  what  becomes  of  the  property 
of  the  alleged  bankrupt  ?  He  cannot  be  dispossessed  of  it  under 
the  Constitution  of  the  country,  or  by  the  provisions  of  this  bill, 
until  the  jury  shall  have  convicted  him  of  its  first  section. 
But  although  it  cannot  be  wrested  from  him  until  after  the  event, 
yet  the  moment  the  commission  issues,  he,  in  effect,  loses  all 
control  over  his  estate.  The  reason  of  this  is,  that  by  the  pro 
visions  of  the  bill  all  intermediate  dispositions  made  by  the 
debtor  of  his  property  are  absolutely  void,  should  he  finally  be 
declared  a  bankrupt.  No  person,  therefore,  would  with  safety 
in  the  meantime  enter  into  any  contracts  with  him,  or  purchase 
any  part  of  his  estate.  From  the  very  nature  of  an  adverse 
bankrupt  system,  this  must  necessarily  be  the  case.  If  it  were 
not,  every  man  charged  with  having  committed  an  act  of  bank 
ruptcy  would  demand  a  trial  by  jury  before  the  district  or  cir 
cuit  judge  of  the  United  States,  so  that  during  its  pendency  he 
might  have  an  opportunity  to  dispose  of  his  property  as  he 
thought  proper.  What,  then,  is  the  situation  in  which  the  bill 
places  every  man  within  its  adverse  provisions  ? 

"  Any  of  his  creditors  or  pretended  creditors,  by  making  an 
ex  parte  affidavit  of  the  truth  of  his  debt,  without  ever  proving 
by  his  own  oath  or  otherwise  any  act  of  bankruptcy  against 
him,  may  bring  upon  him  inevitable  and  overwhelming  destruc- 


54:  LIFE   AND    SERVICES   OF  JAMES   BUCHANAN. 

tion.  If  envy  or  malice  against  him  rankles  in  the  soul  of  any 
enemy  who  either  is  his  creditor,  or  who  will  swear  that  he  is, 
that  enemy  may  wreak  his  vengeance  to  the  full  extent  of  his 
wishes,  by  having  a  commission  of  bankruptcy  issued  against 
him.  The  commission  itself  would  be  the  death-warrant  of  his 
property,  notwithstanding  his  property  may  have  been  sufficient 
to  discharge  his  debts,  and  he  may  have  been  guilty  of  no  act 
of  bankruptcy.  If  he  submits  to  the  commission,  his  credit  is 
gone,  and  his  power  of  exertion  is  at  an  end  until  he  shall  have 
obtained  his  final  .discharge.  If  he  does  not,  and  demands  a 
trial,  he  is,  during  its  pendency,  in  the  situation  of  Tantalus  in 
the  infernal  regions.  Although  he  may  be  surrounded  by  all 
the  comforts  of  life,  and  the  means  of  extricating  himself  from 
his  difficulties,  he  has  not  the  power  of  using  them. 

"If  he  should  be  a  merchant,  his  counting-house  must  be 
closed,  and  his  capital  remain  idle,  awaiting  the  result  of  a 
tedious  lawsuit.  If  he  be  a  farmer  who  has  carried  on  a  distil 
lery,  or  who  has  been  a  miller,  or  retail  merchant,  he  cannot 
dispose  of  an  acre  of  his  land,  or  any  of  his  personal  property, 
until  the  controversy  is  determined.  Whether,  therefore,  he 
submits  to  the  commission,  or  does  not,  if  he  be  an  honest  man, 
he  is  exposed  to  inevitable  ruin.  If  he  be  a  fraudulent  debtor, 
the  delay  of  the  trial  will  afford  him  ample  time  and  opportu 
nity  to  secrete  his  property,  and  place  it  beyond  the  reach  of 
his  creditors  ;  and  in  this  situation  he  will  have  the  strongest 
temptation  to  be  guilty  of  fraud.  The  bankrupt  law  of  Eng 
land,  the  model  from  which  the  present  bill  has  been  drawn, 
provides  an  effectual  remedy  for  this  evil.  It  is  one,  however, 
which  we  have  no  constitutional  power  to  adopt ;  and  if  we 
had,  it  would  be  repugnant  to  every  feeling  of  the  hearts  of 
freemen.  In  that  country  the  bare  issuing  of  the  commission  is 
itself  equivalent  to  an  execution. 

"  The  debtor  is  at  once  deprived  of  the  possession  of  all  his 
property,  and  it  is  vested  in  the  commissioners.  Although  he 
may  declare  he  has  never  been  guilty  of  an  act  of  bankruptcy, 


BANKRUPT   BILL.  55 

and  petitions  for  a  trial,  lie  petitions  in  vain.  The  iron  hand  of 
the  law  is  upon  him,  and  no  innocence  can  elude  its  grasp.  In 
that  country  the  law  declares  that  '  caveats  against  commissions 
are  not  allowed,  for  they  give  too  much  time  to  a  fraudulent 
debtor.'  The  proceedings  under  it  resemble  those  of  the  judges 
in  the  infernal  regions,  who  first  condemn  and  afterwards  hear. 
They  first  deprive  a  man  of  all  his  property  by  virtue  of  the  com 
mission,  and  after  the  evil  has  been  done,  allow  him  to  apply  to 
the  chancellor  to  have  it  superseded.  From  the  nature  of 
those  governments  on  the  continent  of  Europe,  under  whose 
dominion  bankrupt  laws  prevail,  and  from  the  peculiar  char 
acter  of  these  laws,  and  the  commercial  tribunals  by  whom 
they  are  administered,  the  same  evils  do  not  exist.  I  will  not 
exhaust  the  patience  of  the  House  by  detailing  their  different 
provisions. 

"  It  may  be  said,  as  the  bill  provides,  that  the  petitionary  credi 
tor,  before  the  commission  can  issue,  shall  give  bond  to  be  taken  by 
the  circuit  or  district  judge,  in  such  penalty  and  with  such  security 
as  he  may  direct,  conditioned  that  the  obliger  shall  prove  the 
debtor  to  be  a  bankrupt,  he  will  be  enabled  to  recover  damages 
to  the  extent  of  any  injury  which  he  may  sustain  in  case  the  con 
dition  of  the  bond  should  be  violated.  The  remedy,  from  its 
nature,  could  be  no  compensation  for  an  injury  sustained.  To 
inform  a  man,  after  he  had  been  arrested  in  the  pursuit  of  his 
business  by  a  commission  of  bankruptcy,  after  his  prospects  in 
life  had  been  blasted,  after  his  credit  had  been  destroyed,  and 
after  he  had  been  pursued  for  years  in  a  course  of  litigation 
which  had  terminated  in  his  favor,  that  he  might  then  enter 
upon  another  law-suit,  and  bring  his  action  upon  the  bond, 
would  be  laughing  at  his  calamity. 

"  This  would  present  no  prospect  of  indemnity,  even  if  the 
obligors  should  be  solvent  ;  but  from  the  ignorance  of  the 
judges,  so  far  removed  from  the  people,  as  those  of  the  United 
States  necessarily  are,  respecting  the  solvency  of  the  sureties  ; 
and  from  the  lapse  of  time  which  must  transpire  before  any  suit 


56  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

could  be  sustained  upon  his  bond,  it  would  in  most  instances  be 
of  little  or  no  value.  These,  then,  would  be  the  effects  of  the 
bill  on  the  persons  within  its  adverse  operations.  Let  us  next 
inquire  what  would  be  the  moral  and  practical  effects  of  this  bill, 
with  the  amendment  just  adopted,  of  the  gentleman  from  Ken 
tucky.  Should  it  pass  in  its  present  shape,  I  should  shudder 
at  the  consequences.  How  will  it  affect  the  great  agricultural 
interests  of  the  country  ? 

"  I  have  the  honor,  in  part,  to  represent  a  district  chiefly  com 
posed  of  farmers.  They  are  honest,  they  are  industrious,  and 
they  esteem  their  contracts  to  be  sacred  and  inviolable.  The  word 
of  each  of  them,  could  their  existence  be  perpetuated,  binds 
them  as  forcibly  as  their  bond.  Have  they,  or  have  any  other 
agriculturists  over  the  whole  range  of  this  extensive  Union, 
asked  you  to  pass  a  bankrupt  law  in  their  favor  ?  Have  they 
even  petitioned  you  to  discharge  them  from  the  obligation  of  their 
contracts,  which  they  feel  themselves  as  much  bound  in  con 
science  as  in  law  to  perform?  It  is  certain  that  many  honest 
and  respectable  men  of  th«ir  valuable  class  of  society  have  been 
unfortunate,  and  I  pity  them  from  my  inmost  soul  ;  but  I 
beseech  you,  spare  them  from  a  law  for  which  they  have  never 
asked,  and  which  would  tempt  them  to  add  guilt  to  misfortune. 

"  What  then  would  be  the  necessary  operation  of  such  a  law, 
when  brought  home  to  those  and  every  other  member  of  socie 
ty  ?  Once  declare  that  contracts  shall  be  no  longer  sacred, 
that  any  debtor,  whether  he  has  -been  a  trader  or  not,  by  com 
plying  with  the  provisions  of  the  law,  may  have  an  election 
held  by  his  creditors,  and  if  two-thirds  of  these  in  number 
or  value  consent,  may  be  relieved  from  all  his  debts  against  the 
will  of  the  remainder  ;  and  you  make  a  direct  attack  on  the 
very  first  principles  of  moral  honesty,  by  which  the  great  mass 
of  the  people  have  been  hitherto  directed.  Let  a  bankrupt  be 
presented  to  the  view  of  society,  who  has  become  wealthy  since 
his  discharge,  and  who,  after  having  ruined  a  number  of  his 
creditors,  shields  himself  from  the  payment  of  his  honest  debts 


BANKRUPT    BILL  5T 

by  his  certificate,  and  what  effects  would  such  a  spectacle  be 
likely  to  produce  ?  Examples  of  this  nature  must  at  length 
demoralize  any  people.  The  contagion  introduced  by  the  laws 
of  the  country,  would  for  that  very  reason,  spread  like  a  pesti 
lence,  until  honesty,  honor,  and  faith  will  at  length  be  swept 
from  the  intercourse  of  society.  Leave  the  agricultural  interest 
pure  and  uncorrupted,  and  they  will  forever  form  the  basis  on 
which  the  Constitution  and  liberties  of  your  country  may  safely 
repose.  Do  not,  I  beseech  you,  teach  them  to  think  lightly  of 
the  solemn  obligations  of  contracts.  No  government  in  earth, 
however  corrupt,  has  ever  enacted  a  bankrupt  law  for  farmers  ; 
it  would  be  a  perfect  monster  in  this  country,  where  our  institu 
tions  depend  altogether  on  the  virtue  of  the  people.  We  have 
no  constitutional  power  to  pass  the  amendment  proposed  by  the 
gentleman  from  Kentucky  ;  and  if  we  had  we  never  should  do 
so,  because  such  a  provision  would  spread  a  moral  taint  through 
society  which  would  corrupt  it  to  its  very  core. 

"  By  the  fifty-sixth  section  it  is  provided  that  any  creditor  of 
a  bankrupt,  appearing  before  the  commissioners,  may,  at  his 
election,  have  the  validity  of  his  claim  determined  in  the  circuit 
court  of  the  district  in  which  the  bankrupt  resides.  The  same 
privilege  is  extended  to  the  assignee's  objections  to  the  validity 
of  any  claim  upon  the  bankrupt,  presented  before  the  commis 
sioners  ;  in  this  manner  every  lawsuit  which  could  arise  in  the 
settlement  of  a  bankrupt's  estate,  respecting  the  demands  of 
any  of  his  creditors,  would  be  drawn  into  the  circuit  court  for 
decision.  This  would  be  the  case  whether  be  became  a  bank 
rupt  voluntarily  or  by  compulsion,  and  without  any  regard 
either  to  his  occupation  or  place  of  residence,  or  that  of  his 
creditors.  The  whole  structure  of  the  national  judiciary 
would  be  changed. 

******* 

"  Another  serious  objection  to  the  passage  of  the  bill  is  its 
manifest  tendency  to  the  perpetration  of  fraud.  It  is  true  it 
has  been  strenuously  maintained  by  its  friends,  that  it  will,  in  a 

3* 


58  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

great  degree,  repress  that  evil.  Has  the  experience  of  Eng 
land  justified  them  in  making  this  prediction  ?  Does  not  the 
testimony  taken  before  the  House  of  Commons  prove  clearly  the 
contrary  ?  Indeed  so  pressed  down  with  weight  was  my  honor 
able  colleague  (Mr.  Sergeant)  that  he  was  obliged  to  attribute 
the  innumerable  frauds  which  had  been  committed  under  the 
bankrupt  law  of  that  country,  not  to  the  operation  of  the  law 
itself,  but  to  the  general  corruption  that  prevailed  among  the 
people.  This  bill,  should  it  become  a  law,  must  be  productive 
of  innumerable  frauds,  unless  it  will  have  the  power  changing 
the  nature  of  man,  and  rendering  him  the  less  criminal  because 
he  is  the  more  tempted.  He  who  created  man,  and  therefore 
knew  best  his  heart,  directed  him  to  pray  that  he  might  not  be 
led  into  temptation.  This  bill  informs  the  debtor,  that  if  he 
will  conform  to  its  provisions,  he  shall  obtain  a  certificate  which 
will  discharge  him  from  all  his  debts.  The  State  insolvent  laws 
declare  to  him  that  when  he  has  given  up  all  his  property  for 
the  use  of  his  creditors,  he  has  done  no  more  than  his  duty,  and 
that  his  future  acquisitions  shall  be  answerable  until  his  debts 
are  paid.  If  a  debtor  can  pass  the  ordeal  of  this  bankrupt 
law,  and  obtain  his  certificate,  he  may  then  in  security  enjoy 
that  property  which  successful  fraud  has  enabled  him  to  conceal 
under  the  State  insolvent  laws  ;  however,  he  must  know  that 
the  moment  his  concealed  property  is  brought  to  light,  it  is 
liable  to  be  seized  by  his  creditors.  Whilst,  therefore,  a  bank 
rupt  law  holds  out  every  temptation  to  make  the  debtor  dis 
honest,  an  insolvent  law  presents  him  no  such  inducement.  In 
deed,  his  true  policy  is  directly  the  reverse.  Upon  his  good  and 
fair  conduct,  and  the  consequent  favorable  discharge  of  his  cre 
ditors,  depends  his  hopes  of  a  discharge. 

******* 

"  I  shall  now  come  to  my  concluding  argument  against  the 

passage  of  this  bill.     It  would  tend  again  to  arouse  the  spirit 

of  wild  and  extravagant  speculation,  which  has  spread  distress 

far  and  wide  over  the  land.  It  will  tend  again  to  produce  those 


BANKRUPT    BILL.  59 

evils  for  which  its  friends  say  it  is  intended  to  provide  a  reme 
dy.  What  has  been  the  history  of  this  country  ?  Upon  this 
subject,  let  us  not  turn  a  deaf  ear  to  the  dictates  of  experience. 
It  is  the  best  teacher  of  political  wisdom. 

"  Under  our  glorious  Constitution,  the  human  mind  is  unre 
strained  in  the  pursuit  of  happiness,  the  calm  of  despotism  docs 
not  rest  upon  us.  Neither  the  institutions  of  the  country,  nor 
the  habits  of  society,  have  established  any  castes  within  the 
limits  of  which  man  shall  be  confined.  The  human  intellect 
walks  abroad  in  its  majesty.  This  admirable  system  of  govern 
ment,  which  incorporates  the  rights  of  man  into  the  Constitu 
tion  of  the  country,  develops  all  the  latent  resources  of  the 
intellect,  and  brings  them  into  active  energy.  The  road  to 
wealth  and  to  honor  is  not  closed  against  the  humblest  citizen — 
and  Heaven  forbid  that  it  ever  should  be  1  It  is  however,  the 
destiny  of  man  to  learn  that  evil  often  treads  closely  upon  the 
footsteps  of  good.  The  very  liberty  we  enjoy,  unless  restrained 
by  the  dictates  of  morality  and  of  prudence,  has  a  tendency  to 
make  us  discontented  with  our  condition.  It  often  produces  a 
restless  temper,  and  a  disposition  to  be  perpetually  changing 
our  pursuits,  for  the  purpose  of  becoming  more  wealthy  and 
more  distinguished.  The  frame  of  mind  produced  by  freedom, 
if  kept  within  proper  bound,  is  a  source  of  the  greatest  advan 
tages  to  society  and  to  individuals  :  if  unrestrained,  and  suffer 
ed  to  run  wild,  it  leads  to  every  species  of  extravagance  and 
folly. 

"  A  few  merchants  both  in  the  cities  and  in  the  country  have 
amassed  splendid  and  princely  fortunes.  These  have  glittered  in 
the  fancy  of  the  thoughtless  and  unsuspecting  countryman,  and 
have  moved  his  ambition  or  his  avarice.  He  never  calculated 
that  it  requires  a  man  of  considerable  parts  with  great  ex 
perience  to  make  an  accomplished  merchant  ;  and  that,  with  all 
these  advantages,  but  few  comparatively  are  successful.  His. 
son  is  taught  book-keeping  at  a  country  school,  and  then  he 
abandons  the  pursuit  of  his  fathers.  He  leaves  the  business  of 


60  LIFE  AND    SERVICES    OF    JAMES    BUCHANAN. 

agriculture,  which  is  the  most  peaceful,  the  most  happy,  the 
most  independent,  and,  I  might  add,  the  most  respectable,  in 
society,  to  become  a  merchant.  He  spurns  the  idea  of  treading 
in  the  path  of  his  ancestors,  and  acquiring  his  living  by  the 
sweat  of  his  brow.  Wealth  and  distinction  have  become  his 
idols,  and  turned  his  brain.  Is  not  this  the  history  of  thousands 
in  our  country  within  the  last  twenty  years  ?  It  was  not  diffi 
cult  to  predict  what  would  be  the  melancholy  catastrophe. 
Bankruptcy  and  ruin  have  fallen  upon  the  thoughtless  adven 
turers. 

"  Happy  would  it  have  been  for  the  country  had  this  spirit 
of  speculation  confined  itself  to  the  farmers  who  turned  mer 
chants.  We  have  witnessed  it  spreading  over  every  class  of 
the  community.  We  have,  in  innumerable  instances,  seen 
the  plain,  sober,  industrious,  and  inexperienced  farmer,  con 
verted  into  a  speculator  in  bonds  and  stocks.  We  have  lived 
in  a  time  when  the  foundations  of  society  appeared  to  be  shaken, 
and  when  the  love  of  gain  seemed  to  swallow  up  every  other 
passion  of  the  heart.  This  disposition  gave  birth  to  hundreds 
and  thousands  of  banks,  which  have  spread  themselves  over 
the  country.  Their  reaction  upon  the  people  doubled  the  force 
of  the  original  cause  which  produced  them.  They  deluged  the 
country  with  bank  paper.  The  price  of  land  rose  far  above  its 
real  value  ;  it  commanded  from  $200  to  $400  per  acre  in  many 
parts  of  the  district  which  I  have  the  honor,  in  part,  to  repre 
sent  ;  and  I  know  one  instance  in  which  a  man  agreed  to  give 
$1,500  per  acre  for  a  tract  of  land,  which  he  afterwards  laid 
out  in  town  lots.  He  sold  the  lots  at  so  large  a  profit,  that 
he  would  have  accumulated  an  independent  fortune  by  the  spec 
ulation  had  not  the  times  changed,  and  the  lot-holders  in  conse 
quence  been  unable  to  pay  the  purchase  money. 

"The  universal  delusion  has  vanished,  the  enchantment  is  at 
an  end  ;  the  people  have  been  restored  to  their  sober  senses. 
In  the  change,  which  was  rapid,  many  honest  and  respectable 
citizens  have  been  ruined.  Among  many,  misery  and  want 


BANKRUPT   BILL.  61 

have  usurped  the  abodes  of  happiness  and  plenty.  I  most  sin 
cerely  deplore  their  situation  ;  but,  as  legislators,  we  should  all 
have  some  compassion  upon  the  community.  Experience  has 
taught  us  a  lesson  which,  I  trust,  we  shall  never  forget — that 
a  wild  and  extravagant  spirit  of  speculation  is  one  of  the 
greatest  curses  that  can  pervade  our  country.  Do  you  wish 
again  to  raise  it  ?  Do  you  wish  again  to  witness  the  desolation 
which  it  has  spread  over  the  land,  and  which  we  now  are 
slowly  repairing  ?  Then  pass  this  bankrupt  bill  1  Inform  the 
farmer,  who  is  now  contented  and  happy,  and  whom  experience 
has  taught  th«  danger  of  entering  into  trade,  that  he  may 
become  a  merchant  or  a  land  jobber  ;  that  he  may  proceed  to 
any  excess  he  thinks  proper  ;  that  he  need  confine  the  extrava 
gance  Of  his  speculations  within  no  other  limit  but  the  extent 
of  his  credit  ;  that  if,  at  last,  he  should  be  successful,  un 
bounded  wealth  will  be  his  portion,  if  not,  the  law  will  dis 
charge  him  from  all  his  debts,  and  enable  him  to  begin  a  new 
career.  Hold  out  a  lure  to  the  industrious  classes  in  society  to 
abandon  their  useful  and  honorable  pursuits,  and  enter  into 
speculation  of  some  kind  or  other,  by  proclaiming  it  as  the  law 
that,  if  they  should  prove  unsuccessful,  their  debts  shall  bo 
cancelled,  and  they  shall  be  restored  to  their  former  situation. 
Such  a  law  would  present  the  strongest  temptations  to  every 
man  in  society  to  become  indolent  and  extravagant,  because 
every  man  in  society  is  embraced  in  its  provisions.  In  these 
respects  it  is  as  novel  as  it  is  dangerous.  Rest  assured,  Mr. 
Speaker,  that  our  population  require  the  curb  more  than  the 
rein.  If  you  hold  out  such  encouragement  to  unbounded  specu 
lation  as  this  bill  presents,  we  shall,  before  many  years,  see  all 
the  occurrences  again  presented  before  us  which  have  involved 
the  country  in  unexampled  distress.  The  time  may  come,  in 
ages  hence,  when  a  bankrupt  law  may  become  necessary  for 
the  encouragement  of  commerce.  History  has  instructed  us, 
that  nations,  like  men,  rise,  and  flourish,  and  decay.  At  pre 
sent  our  population  possess  all  the  vigor  and  enterprise  of 


62  LIFE   AND    SERVICES    OF  JAMES    BUCHANAN. 

youth.  The  stimulus  of  such  a  bill  would  drive  us  on  to  mad 
ness.  It  would  be  putting  into  the  hands  of  Phaeton  the  reins 
of  the  chariot  of  the  sun  The  day  will  come,  but  I  trust  it 
is  now  far  distant,  when  old  age  shall  fall  upon  us  as  a  nation, 
when  wealth  shall  beget  luxury  and  corruption,  and  when  we 
shall  be  enfeebled  in  all  our  exertions.  Then  it  may  be  neces 
sary  to  hold  out  extraordinary  allurements  to  commercial  enter 
prise.  When  that  day  shall  arrive,  when  our  country  shall  be 
sinking  into  decline,  when  her  energies  shall  be  paralysed,  and 
when  perhaps,  a  new  Republic  as  vigorous  as  ours  at  present 
may  be  her  competitor  in  commerce,  then  and  not  till  then, 
will  it  be  necessary  that  Congress  should  exercise  the  power 
vested  in  them  by  the  Constitution,  and  pass  uniform  laws  on 
the  subject  of  bankruptcies." 

The  vote  on  the  bankrupt  bill  was  taken  immediately  after 
the  delivery  of  Mr.  Buchanan's  powerful  argument  against  it, 
and  was  defeated  by  a  vote  of  99  nays  to  72  ayes.  Of  the 
nays,  fifty-four  were  from  the  southern  States,  while  of  the 
ayes  only  fifteen  were  from  that  section  of  our  country." 

At  this  session,  the  question  of  internal  improvements 
by  Congress  was  brought  up  in  a  formidable  manner.  The 
presidential  election  was  approaching,  and  the  success  of 
De  Witt  Clinton  in  New  York,  who  was  receiving  all  the 
honors  of  the  day,  created  an  intense  desire  in  the  minds  of 
public  men  to  be  imitators  in  some  way  of  his  acts,  in  hopes 
that,  at  least,  they  might  be  able  to  catch  a  portion  of  the 
popularity  he  had  achieved.  The  question  came  before  Con 
gress  in  a  definite  form,  in  a  bill  for  making  appropriations  to 
repair  the  Cumberland  road.  Mr.  Buchanan  voted  against  the 
appropriation,  and  introduced  a  resolution  to  cede  the  road  to 
the  States  in  which  it  laid.  The  resolution  was  not,  however, 
then  adopted,  and  the  bill  making  appropriations  for  the  repair 
of  the  road  passed  both  houses  of  Congress,  and  was  presented 
to  Mr.  Monroe  for  his  signature.  It  drew  from  that  distin- 


INTERNAL    IMPROVEMENTS.  63 

guished  man  his  celebrated  Veto-Message  upon  internal  improve 
ments,  in  which  he  went  into  a  thorough  review  of  the  entire 
constitutional  question,  showing  how  far  the  jurisdiction  and 
authority  of  the  Federal  government  extended  in  such  matters. 
This  able  and  convincing  State-paper  has  never  been  answered, 
and  it  may  be  said  to  have  settled  the  position  of  the  demo 
cratic  party  on  this  important  question  of  politics.  Mr.  Adams 
undertook  to  question  Monroe's  view  of  this  subject  in  his 
inaugural  address,  but  it  only  served  to  awaken  public  discus 
sion  upon  the  extent  of  constitutional  power  in  the  matter,  and 
thus  the  sooner  settle  the  true  interpretation  of  the  organic 
law. 

The  second  session  of  the  seventeenth  Congress  commenced 
on  the  2d  of  December,  1822,  and  ended  on  the  3d  of 
March,  1823.  There  were  a  number  of  very  important  subjects 
brought  before  it  for  consideration,  and  among  the  acts  passed 
were  several  of  national  interest.  Among  others  was  one  to 
regulate  the  collection  of  duties,  imposts,  and  tonnage,  which 
excited  considerable  discussion.  During  this  session  an  act  was 
passed  regulating  our  commercial  intercourse  with  the  British 
colonial  possessions  in  the  West  Indies,  Nova  Scotia,  and  New 
Brunswick.  The  most  important  discussion  of  this  session  was, 
however,  on  the  tariff  question.  The  general  prostration  of 
mechanical  industry,  consequent  upon  the  previous  period  of 
inordinate  speculation,  had  rendered  the  people  clamorous  for 
some  relief.  We  were  just  recovering  from  the  effects  of  a 
war,  and  there  seemed  to  be  not  only  a  universal  demand,  but 
a  general  want  of  some  measure  which  would  restore  a  healthy 
and  prosperous  tone  to  business.  That  party  which  contend 
that  it  is  the  duty  of  government  to  pass  protective  duties  in 
order  to  foster  manufacturing  industry,  were  unceasing  in  their 
demands  for  a  new  tariff  bill.  One  was  accordingly  introduced, 
but  as  it  did  not  seem  to  please  either  the  friends  or  enemies  of 
protection,  it  did  not  pass.  Mr.  Buchanan  did  not  hesitate  to 
express  his  opinion  freely  in  regard  to  it.  In  some  respects  he 


LIFE    AND    SERVICES   OF   JAMES    BUCHANAN. 

approved  of  the  measure,  but  not  as  a  protective  act.  He 
expressly  stated  that  we  were  only  authorized  to  impose  a 
tariff  for  revenue  and  as  such  he  advocated  the  bill  before 
Congress.  He  showed,  in  the  first  place,  the  alarming  deficit 
in  the  annual  revenue  of  $1,250,000.  Besides  this,  there  was 
a  permanent  debt  of  over  forty  millions  of  dollars  which  must  be 
met  by  some  measure  which  it  was  the  duty  of  Congress  to  pass. 

"  There  can  be  no  doubt,"  said  Mr.  Buchanan,  "  but  that 
every  member  of  this  committee  will  concur  with  me  in  opinion, 
that  our  debt  ought,  if  possible,  to  be  discharged  as  soon  as  it 
shall  be  redeemable.  No  one  will  contend  that  a  public  debt 
is  a  public  blessing.  The  payment  of  the  national  debt  is  one 
of  the  best  means  of  "preparing  for  war.  The  resources  of  the 
nation  ought  not  to  continue  mortgaged  to  the  public  creditor  ; 
but  they  should  be  ready  to  be  applied  at  all  times  towards  the 
defence  of  the  country.  This,  at  least,  is  my  system  of  policy. 
Under  this  view  of  the  subject,  we  are  brought  irresistibly  to 
the  conclusion,  that  revenue  must  be  raised,  at  least  that  it 
ought  to  be  raised.  The  question  then  is,  from  what  objects 
shall  we  derive  the  means  necessary  to  extinguish  the  national 
debt  ?  It  is  admitted  by  all  that  a  duty  upon  imports  is  the 
most  economical  and  least  oppressive  mode  of  raising  revenue. 
It  is  the  mode  most  in  consonance  with  the  character  of  a  free 
people.  It  does  not  require  the  agency  of  the  tax-gatherer 
or  the  excise- man.  The  practice  of  the  government  for  more 
than  thirty  years  has  sanctified  this  method  in  the  minds  of  the 
people.  They  will  not  BOW  readily  submit  to  direct  taxes  or 
to  excises  when  the  country  is  at  peace, — I  say,  emphatically, 
when  the  country  is  at  peace — because  I  know  that  in  times  of 
actual  war,  or  of  approaching  danger,  the  American  people 
will  cheerfully  submit  to  any  sacrifices  which  may  be  necessary 
to  provide  for  the  common  defence,  and  promote  the  security 
and  glory  of  the  nation." 

"  The  necessity  of  adopting  a  new  tariff,  for  the  purpose  of 


THE   TARIFF   QUESTION.  65 

raising  revenue,  has  not  only  been  stated  by  the  Secretary  of 
the  Treasniry,  but  he  has  distinctly  recommended  many  of  the 
articles  on  the  importation  of  which  additional  duties  should  be 
imposed.  These  are  all  embraced  in  the  provisions  of  the  pres 
ent  bill,  though  the  increase  of  duty  is  in  several  instances 
greater  than  what  he  recommended.  Yet,  notwithstanding  its 
friends  have  declared  their  intention  to  amend  it,  and  make  it 
conform  more  nearly  with  that  recommendation,  this  is  the 
measure  whose  blasting  influence,  if  adopted,  gentlemen  declare, 
will  paralyze  agriculture,  ruin  commerce,  and  destroy  the  navy. 
Phantoms  the  most  deadly  and  destructive,  have  been  presented 
before  the  committee,  as  the  natural  offspring  of  this  measure. 
One  would  almost  be  led  to  believe,  that  the  bill  now  under 
consideration  was  the  true  box  of  Pandora,  from  which,  if 
enacted  into  a  law,  all  the  evils  that  can  invade  the  human  race 
would  proceed.  The  gentlemen  from  Georgia  and  Massachu 
setts  (Mr.  Tattnall  and  Mr.  Gorham)  have  proclaimed  it  tyranny, 
and  tyranny  which  ought  to  be  resisted.  Yet  all  this  mighty 
conflagration  has  been  raised  to  intimidate  us  from  adopting  a 
system,  which  in  substance  has  been  recommended  by  the  intelli 
gent  and  independent  officer  at  the  head  of  the  treasury,  merely 
because  in  its  indirect  operation  it  may  benefit  certain  neces 
sary  domestic  manufactures.  I  confess  I  never  did  expect  to 
hear  inflammatory  speeches  of  this  kind  within  these  walls, 
which  ought  to  be  sacred  to  union  ;  I  never  did  expect  to  hear 
the  East  counselling  the  South  to  resistance,  that  we  might 
thus  be  deterred  from  prosecuting  a  measure  of  policy,  urged 
upon  us  by  the  necessities  of  the  country.  If  I  know  myse/f, 
I  am  a  politician  neither  of  the  East,  nor  of  the  West,  of  the 
North,  nor  the  South  :  I  therefore  shall  forever  avoid  any  erpres- 
sicns,  the.  direct  tendency  of  which,  must  be  to  create  sectional  jeal 
ousies,  sectional  divisions,  and  L  t  length  disunion,  that  worst  and 
last  of  all  political  calamities." 

In  the  same  speech,  Mr.  Buchanan  took  occasion  to  repeat 


66  LIFE   AND   SERVICES    OF   JAMES    BUCHANAN. 

that  he  considered  the  bill  as  a  revenue  measure.  "  Money " 
said  he,  "  must  be  collected — the  public  debt  must  be  paid,"  and 
to  do  this  he  knew  of  no  better  or  more  equitable  method,  than 
to  raise  it  by  the  imposition  of  duties  upon  foreign  importations. 
In  the  course  of  this  speech  he  paid  the  following  eloquent  tri 
bute  to  the  agricultural  portion  of  society  : 

"  Gentleman  have  contended  that  should  this  bill  be  adopted, 
the  agricultural  interest  of  the  country  will  be  greatly  injured. 
If  this  were  the  case,  it  would  be  a  conclusive  objection  to  its 
passage.  The  farmers  are  the  most  useful,  as  they  are  the  most 
numerous  class  of  society.  No  measure  ought  ever  to  be 
adopted  by  the  government  that  will  bear  hardly  upon  them. 
They  are  the  body  of  men,  among  whom  you  may  expect  to 
find  in  an  eminent  degree  that  virtue  without  which  your  Amer 
ican  institutions  could  not  continue  to  exist.  Agriculture  is 
the  most  noble  employment  of  men.  It  communicates  vigor  to 
the  body  and  independence  to  the  mind.  My  constituents  are 
principally  farmers,  and  I  should  feel  it  both  my  duty  and  my 
inclination  to  resist  any  measure  which  would  be  pernicious  to 
their  interests.  The  agriculturists  are  the  great  body  of  con 
sumers.  It  is  from  them  that  the  revenue  must  be  derived,  no 
matter  what  may  be  the  mode  by  which  it  is  collected.  They 
must  equally  pay  it,  whether  in  the  shape  of  an  excise,  a  land 
tax,  or  an  impost  on  the  importation  of  foreign  articles.  I  will 
never  consent  to  adopt  a  general  restrictive  system,  because  that 
class  of  the  community  would  then  be  left  at  the  mercy  of  the 
manufacturers.  The  interest  of  the  many  would  be  sacrificed 
to  promote  the  wealth  of  the  few.  The  farmer,  then,  in  addi 
tion  to  the  payment  which  he  would  be  thus  compelled  to  pay 
the  manufacturer,  would  have  also  to  sustain  the  expenses  of 
the  government.  If  this  bill  proposed  a  system  which  would 
lead  to  such  abuses,  it  should  not  receive  my  support." 

The  sessions  of  the  seventeenth  Congress  were  of  more  than 


THE   TARIFF   QUESTION.  67 

ordinary  importance.  There  had  been  a  number  of  questions 
before  that  body  which  commanded  a  wide-spread  and  general 
attention.  The  bankrupt  law,  the  question  of  internal  im 
provements,  and  the  doctrine  of  protection  to  manufactures,  had 
all  been  ably  and  fully  discussed.  The  friends  of  the  bankrupt 
law  had  assailed  the  fortress  of  democracy  and  equal  rights  in 
vain.  They  ha'd  been  put  to  flight  in  their  determined  and 
arduous  attempts  to  model  our  institutions  upon  the  basis  of  the 
worn-out,  effete,  aristocratic,  and  special-privileged  governments 
of  Europe,  where  the  masses  are  the  machines  of  the  ruling 
classes.  Among  those  who  contributed  in  an  eminent  degree  to 
achieve  this  result  stands  James  Buchanan.  At  this  day  it  is  a 
gratification  to  look  over  the  records  of  the  proceedings  in  Con 
gress,,  and  mark  the  names  of  those  devoted  friends  to  demo 
cratic  doctrines,  who  so  nobly  and  heroically  preserved  them  in 
the  outset  of  our  history  as  a  nation,  from  the  combined  forces 
which  federalism  brought  to  bear  against  them.  It  is  a  lament 
able  fact  that  while  our  people  have  paid  due  homage  to  those 
who  achieved  by  their  swords  our  democratic  institutions,  they 
have  not  given  the  meed  of  honest,  deserving  praise  to  the  men 
who  immediately  succeeded  them,  and  who  preserved  this  noble 
inheritance  on  the  floor  of  our  national  legislature  against  all 
the  arts  which  eloquence  could  master  or  sophistry  invent. 
Among  these  names  ought  to  stand  forever  remembered  those 
of  John  Randolph,  Nathaniel  Macon,  John  Taylor,  George 
McDuffie,  Andrew  Stevenson,  James  Buchanan,  and  others 
equally  deserving  of  honorable  remembrance. 


68  LIFE    AND   SERVICES    OF   JAME3   BUCHANAN. 


CHAPTER    IV. 

The  Tariff  Act — Reception  of  Lafayette — The  Niagara  Sufferers — The  Election  of  John 
Quincy  Adams. 

THE  eighteenth  Congress  opened  on  the  1st  of  December, 
1823.  Mr.  Buchanan  had  been  re-elected,  and  found  upon  his 
arrival  at  the  capital,  a  number  of  new  individuals  whom  he  had 
not  previously  encountered  in  public  life.  Among  these  were 
Mr.  Webster,  of  Massachusetts,  then  in  the  vigor  of  his  youth  ; 
Henry  Clay,  of  Kentucky,  overflowing  with  the  grand  concep 
tions  he  had  formed  of  the  great  "  American  System  ;"  and 
Edward  Livingston,  of  Louisiana,  the  eloquent  lawyer,  the  pol 
ished  orator,  and  profound  statesman.  In  the  Senate,  Hon. 
Thomas  II.  Henton,  of  Missouri,  had  made  his  appearance,  hail 
ing  from  the  Kansas  of  1820,  then  the  ultima  th.nte  of  our  west 
ern  advancement.  General  Jackson  had  been  elected  Senator 
from  the  State  of  Tennessee,  and  contributed  not  a  little  to  the 
attraction  of  Washington  society,  by  the  prominent  position  in 
which  he  stood  before  the  country,  and  the  hopes  which  already 
many  of  his  friends  were  forming  of  him  for  the  future.  Mr. 
Clay  was  chosen  Speaker  on  the  first  day  of  the  session,  by  a 
vote  of  139  to  42,  his  opponent  being  the  Hon.  P.  P.  Barbour, 
of  Virginia,  Mr.  Buchanan  was  placed  on  the  Judiciary  Com 
mittee,  of  which  Mr.  Webster  was  chairman  ;  a  position  for 
which  he  was  eminently  qualified  by  his  careful  and  accurate 
reading  in  all  the  details  of  law  and  jurisprudence. 

At  this  session  the  tariff  bill  came  up  agaiii  under  the  lead 


THE   TARIFF   ACT.  C9 

of  Mr.  Clay,  who  brought  to  its  support  all  the  power  of  his 
oratory,  and  all  the  influence  which  his  personal  character  could 
produce.  He  had  christened  it  "  The  American  System  ;"  aud 
•such,  in  the  depressed  condition  of  the  country,  there  was  some 
plausibility  in  calling  it.  The  bill  was  contested  inch  by  inch, 
Mr.  Webster,  afterwards  a  high  tariff  man,  opposing  it  with  all 
his  power.  Besides.  Mr.  Webster,  there  were  other  able  and 
distinguished  advocates  of  free  trade — Mr.  Baylies,  from  his  own 
State  ;  Mr.  C.  C.  Cambreleng,  of  New  York  ;  Messrs.  Ran 
dolph,  Barbour,  Stevenson,  Rives,  and  Archer,  of  Virginia  ; 
Messrs.  Mangum  and  Saunders,  of  North  Carolina  ;  Messrs. 
McDuffie,  Hamilton,  and  Poinsett,  of  South  Carolina  ;  Messrs. 
Forsyth  and  Cuthbert  of  Georgia  ;  Mr.  Edward  Livingston,  of 
Louisiana,  and  others.  Mr.  Clay  was  the  leading  speaker  on 
the  other  side  of  the  question  ;  and  after  a  protracted  contest  of 
ten  weeks  the  bill  was  finally  carried  by  only  five  majority.  In 
the  Senate  the  vote  was  still  closer,  where  it  stood  twenty-five 
to  twenty-three.  The  bill  nearer  could  have  passed,  had  it  not 
been  for  the  depressed  condition  of  the  country,  and  the 
pressing  demands  upon  the  treasury  for  more  revenue,  in  order 
to  pay  the  public  debt,  if  possible,  as  fast  as  it  became  due. 
As  a  revenue  measure,  it  was  voted  for  by  Gen.  Jackson  in  the 
Senate,  by  Mr.  Buchanan  in  the  House,  and  by  other  democratic 
members,  who  expressly  stated  their  opposition  to  a  tariff  whose 
object  was  simply  protection.  Congress  adjourned  on  the  27th 
of  May,  1824.  It  had  passed  two  hundred  aud  eleven  acts,  and 
been  a  session  of  great  activity  and  considerable  importance. 
Mr.  Buchanan  had  participated  generally  in  the  discussions,  and 
measured  his  powers  with  Mr.  Webster  in  debate,  and  proved 
that  even  the  youthful  giant  of  Massachusetts  found  his  peer,  at 
least,  in  the  stately  and  careful  logic  of  the  son  of  Pennsylvania. 
There  was  at  this  session  a  great  deal  of  president-making, 
the  members  of  Congress  then  having  more  to  do  with  the  Kat- 
ter  than  at  present.  Mr.  Buchanan's  preferences  were  well 
known  to  be  in  favor  of  Gen.  Jackson,  of  whom  he  was  an  early 


70  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

and  devoted  friend.  Gen.  Jackson,  Henry  Clay,  W.  H.  Craw 
ford,  and  John  Quincy  Adams  were  the  candidates,  and  all  par 
ties  were  preparing  for  a  vigorous  and  determined  campaign. 
It  is  well  known,  neither  candidate  received  a  majority  of  the 
electoral  votes.  It  accordingly  devolved  upon  the  House  of 
Representatives,  at  its  next  session,  to  elect  a  President. 

The  second  session  of  the  eighteenth  Congress  was  therefore 
looked  forward  to  with  great  interest.  It  assembled  at  Wash 
ington  on  the  6th  of  December,  1824.  The  very  first  event  for 
which  it  was  distinguished  was  the  reception  of  Gen.  Lafayette, 
then  on  a  visit  to  the  land  which  he  had  so  nobly  assisted  in 
wresting  from  the  grasp  of  a  tyrannical  oppressor.  As  Lafay 
ette  was  one  of  those  unfortunate  men  who  happened  to  be  born 
on  foreign  soil,  and  who  in  these  later  days,  it  is  asserted,  have 
become  so  inimical  and  dangerous  to  American  liberty,  it  may 
be  interesting  to  recur  to  the  speech  he  delivered  upon  the 
august  occasion  when  he  was  received  by  both  houses  of  Con 
gress.  Mr.  Clay  was  Speaker  o^the  House,  and  in  welcoming 
the  illustrious  stranger,  in  his  most  eloquent  and  imaginative 
strain,  he  said,  "  General,  you  are  in  the  midst  of  posterity  1" 
Lafayette,  after  saying  that  it  had  been  his  happiness  to  be 
adopted  as  a  young  soldier,  a  favored  son  of  America,  remarked  : 
"No,  Mr.  Speaker,  posterity  has  not  begun  for  me  ;  since  in  the 
sons  of  my  companions  and  friends  I  find  the  same  public  feel 
ings,  and  permit  me  to  add,  the  same  feelings  in  my  behalf 
which  I  have  had  the  happiness  to  experience  in  their  fathers. 
Sir,  I  have  been  allowed,  forty  years  ago,  before  a  committee 
of  Congress  of  thirteen  States,  to  express  the  fond  wishes  of  an 
American  heart.  On  this  day  I  have  the  honor  to  enjoy  the 
delight,  to  congratulate  the  representatives  of  the  Union  so 
vastly  enlarged,  in  the  realization  of  those  wishes,  even  beyond 
every  human  expectation,  and  upon  the  almost  infinite  prospects 
we  can  with  certainty  anticipate." 

If  Lafayette  were  "  in  the  midst  of  posterity,"  at  the  present 
day,  and  surrounded  with  the  cry  of  "  America  for  Americans/' 


THE   NIAGARA   SUFFERERS.  f1 

he  could  hardly  say,  "  that  he  found  the  same  public  feelings, 
which  he  had  the  happiness  to  experience  in  our  fathers." 

One  of  the  first  matters  brought  before  Congress  at  this  ses 
sion,  was  a  bill  to  indemnify  the  sufferers  on  our  Niagara  fron 
tier,  caused  by  the  wanton  devastation  of  the  British  troop? 
during  the  war  of  1812.  Mr.  Buchanan  took  the  ground  that 
if  the  property  was  destroyed  in  accordance  with  the  rules  of 
civilized  warfare,  then  we  were  bound  to  indemnify  the  indi 
viduals  who  had  been  injured.  If  such,  however,  were  not  the 
case,  every  motive  of  public  policy  forbade  it.  Mr.  B.  went  on 
to  show  that  if  the  bill  then  before  the  House  should  pass,  we 
would  stand  before  the  world  as  having  justified  Great  Britain 
in  her  lawless  and  inhuman  conduct — conduct  that  had  met  the 
reprobation  of  the  civilized  world.  A  short  extract  from  Mr. 
Buchanan's  speech  on  this  subject,  will  show  the  perfidious  con 
duct  of  the  British  troops,  as  well  as  his  own  exact  position  upon 
the  bill  : 

Mr.  B.  said,  "  There  was  another  view  which  this  subject 
presents,  which  adds  the  guilt  of  perfidy  to  that  of  violation  of 
the  laws  of  war.  Whilst  the  village  of  Buffalo  still  presented  a 
hostile  front  to  the  enemy,  a  capitulation  was  entered  into 
by  Col.  Chapin,  of  our  army,  with  Gen.  Rail,  who  commanded 
the  British  forces.  By  that  instrument,  it  was  solely  agreed, 
'  that  private  property  and  private  persons  should  not  be  moles 
ted  or  injured.'  Upon  the  faith  of  this  capitulation,  the  British 
forces  entered  the  town.  The  testimony  proves  that  before  its 
date  they  were  all  acquainted  with  the  fact  that  a  large  body 
of  the  United  States  troops  had  been  quartered  there,  and  that 
many  of  the  houses  were  places  of  military  deposit.  With  a 
full  knowledge  of  these  circumstances,  they  entered  into  the 
capitulation.  What  was  then  their  subsequent  conduct  ?  In 
stead  of  separating  the  military  stores  from  the  houses  in  which 
they  were  deposited,  instead  of  destroying  public  property,  they 
involved  the  whole  village  in  one  common  conflagration.  At 


72  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

the  most  inclement  season  of  the  year  in  a  northern  climate, 
regardless  of  their  faith,  they  se.t  fire  to  the  town,  and  drove  its 
inhabitants  to  seek  shelter  and  bread  from  the  compassion  of 
strangers.  And  this,  under  pretence  of  what  they  well  knew 
before  the  capitulation,  that  there  were  military  stores  deposited 
in  many  of  the  private  houses.  And  yet  this  destruction  is 
attempted  to  be  justified  by  the  laws  of  war  established  among 
civilized  nations.  Sir,"  said  Mr.  B.,  "  I  may  be  asked  if  I  am 
willing  to  afford  these  sufferers  any  relief  ?  I  answer  without 
hesitation,  I  am  not.  They  have  claims  upon  our  generosity, 
not  upon  our  justice.  I  would  mitigate  their  calamities,  not 
indemnify  them  for  their  losses.  They  have  suffered  more  than 
the  common  misfortunes  of  war — they  are  therefore  entitled  to 
the  compassion  of  paternal  government." 

The  most  exciting,  and  indeed,  important  business,  before 
this  Congress,  was  the  election  of  President.  A  long  debate 
ensued  upon  the  rules  to  be  adopted  in  conducting  the  election 
by  the  House  of  Representatives.  In  the  course  of  the  discus 
sion,  it%as  proposed  to  sit  in  secret  conclave,  if  the  delegation 
of  any  one  State  demanded  it.  This  Mr.  Buchanan  opposed 
with  indignant  eloquence,  showing  most  conclusively  how  firm 
was  his  reliance  on  the  popular  intelligence,  and  how  earnest 
his  devotion  to  the  rights  of  the  people. 

"The  American  people,"  said  Mr.  B.,  "have  a  right  to  be 
present  and  inspect  all  the  proceedings  of  their  representatives, 
unless  their  own  interests  forbid  it.  In  relation  to  our  concerns 
with  foreign  governments,  it  may  become  necessary  to  close  our 
galleries.  Our  designs  in  such  cases  might  be  frustrated  if 
secrecy  were  not  for  a  time  preserved.  Whenever  there  shall 
be  disorder  in  the  gallery,  we  have  also  a  right,  to  clear  it,  and 
are  not  bound  to  suffer  our  proceedings  to  be  interrupted. 
Except  in  these  cases  he  at  present  could  recollect  none  which 
would  justify  the  House  in  excluding  the  people. 


THE   ELECTION   OF   JOHN   QTJINCY    ADAMS.  73 

"  In  electing,  a  President  of  the  United  States,"  said  Mr.  B., 
"  we  are,  in  my  opinion,  peculiarly  the  representatives  of  the 
the  people*  On  that  important  occasion,  we  shall  emphatically 
represent  their  majesty.  We  do  not  make  a  President  for  our 
selves  only,  but  also  for  the  whole  people  of  the  United  States. 
They  have  a  right  that  it  shall  be  done  in  public.  He  there 
fore  protested  against  going  into  a  secret  conclave  when  the 
House  should  decide  this  all-important  question.  He  said  that 
the  doctrine  of  the  gentleman  from  Delaware  (Mr.  McLane) 
was  altogether  new  to  his  mind.  That  gentleman  has  alleged 
that  we  are  called  upon  to  elect  a  President,  not  as  the  repre 
sentatives  of  the  people,  but  by  virtue  of  the  Constitution. 
Sir,"  said  Mr.  B.,  "  who  created  the  Constitution  ?  Was  it 
not  the  people  of  the  United  States  ?  And  did  they  not  by  this 
very  instrument  delegate  us  as  representatives,  the  power  of 
electing  a  President  for  them  ?  It  is  by  virtue  of  this  instru 
ment  we  hold  our  seats  here.  And,  if  there  be  any  case  in 
which  we  are  bound  to  obey  their  will,  this  is  peculiarly  that 
one.  To  them  we  must  be  answerable  for  the  proper  exercise 
of  this  duty. 

"  What  are  the  consequences  which  will  -result  from  closing 
the  doors  of  the  gallery  ?  We  shall  impart,  to  the  election  an 
air  of  mystery.  We  shall  give  exercise  to  the  imaginations  of 
the  multitude  in  conjecturing  what  scenes  are  acting  within  the 
hall.  Busy  Rumor,  with  her  hundred  tongues,  will  circulate 
reports  of  wicked  combination,  and  of  corruptions  which  have 
no  existence.  Let  the  people  see  what  we  are  doing  ;  let  them 
know  that  it  is  neither  more  nor  less  than  putting  our  ballots 
into  our  boxes,  and  they  will  soon  become  satisfied  with  the 
spectacle  and  retire.  The  gentleman  from  Delaware  (Mr. 
McLane)  has  urged  upon  us  the  precedent  which  now  exists  on 
this  subject.  Mr.'  Buchanan  said  he  revered  the  men  of  former 
days  by  whom  this  precedent  was  established.  He  had  good 
reason,  however,  to  believe  that;  the  intense  excitement  which 
existed  at  that  time  among  the  people  at  the  seat  of  govern- 

4 


Y4  LIFE    AND   SERVICES    OF   JAMES   BUCHANAN. 

ment  was  occasioned  in  a  considerable  degree  by  their  exclusion 
from  the  gallery,  They  came  in  crowds  into  the  house,  but  were 
prohibited  from  entering  the  hall.  Currents  and  counter-cur 
rents  of  feeling  kept  them  continually  agitated.  New  conjec 
tures  of  what  was  doing  within  were  constantly  spreading  among 
them.  Mystery  always  gives  birth  to  suspicion.  If  those  people 
had  been  permitted  to  enter,  much  of  the  excitement  which 
then  prevailed  would  never  have  existed. 

"  It  has  been  said  that  there  might  and  probably  would  be 
disorder  if  we  admitted  the  people  into  the  gallery.  Mr.  B. 
could  scarcely  believe  this  possible.  He  had  too  high  an  opinion 
of  the  American  people  to  suffer  himself  to  entertain  such  an 
apprehension.  Should  we,  however,  be  mistaken,  where  is  the 
power  of  the  Speaker  ?  Where  that  of  the  House  ?  We  can 
turn  them  out,  and  we  shall  then  have  a  sufficient  apology  for 
doing  so.  But  to  declare  in  the  first  instance  that  thej  shall 
be  excluded  upon  the  request  of  any  one  out  of  twenty-four 
States  would  be  a  libel  both  on  the  people  of  the  United  States 
and  the  members  of  the  House.  Mr.  B.  asked  pardon  for  the 
expression  if  it  were  considered  too  harsh. 

"  Mr.  B.  said  he  knew  well  his  friend  from  Delaware  was 
willing  that  all  his  conduct  in  regard  to  the  presidential  ques 
tion  should  be  exhibited  before  the  public,  and  that  it  was 
principle  and  principle  alone  which  had  suggested  his  remarks. 
That  which  gives  this  subject  its  chief  importance,  Mr.  B.  said, 
is  the  precedent.  He  was  anxious  that  it  should  be  settled  on 
sure  foundations.  If  the  rule  in  its  present  form  should  be 
adopted,  it  may  and  probably  will  be  dangerous  in  future 
times.  At  present  our  republic  is  in  its  infancy.  At  this 
time  he  entertained  no  fear  of  corruption.  In  the  approaching 
election  it  can,  therefore,  make  but  little  difference  whether  the 
gallery  shall  be  opened  or  closed.  But  the  days  of  darkness 
may,  and,  unless  we  shall  escape  the  fate  of  all  other  Republics, 
will,  come  upon  us.  Corruption  may  yet  stalk  abroad  over  our 
Jiappy  land.  When  she  aims  a  blow  against  the  liberties  of 


THE   ELECTION   OF   JOHN   QUINCY   ADAMS.  75 

the  people  it  will  be  done  in  secret.  Such  deeds  always  show 
the  light  of  day.  They  can  be  perpetrated  with  a  much  greater 
chance  of  success,  in  the  secrecy  of  an  electoral  conclave,  than 
when  the  proceedings  of  the  House  are  fully  exposed  to  public 
view.  Let  us  then  establish  a  precedent,  which  will  have  a 
strong  tendency  to  prevent  corrupt  practices  hereafter." 

The  result  of  the  election  is  well  known  to  every  one  at  all 
acquainted  with  political  history.  In  the  electoral  college  John 
Quincy  Adams  received  84  votes,  William  H.  Crawford  41, 
Andrew  Jackson  99,  and  Henry  Clay  37.  Adams,  Crawford, 
and  Jackson  being  the  three  candidates  who  had  received  the 
highest  number  of  votes,  and  neither  a  majority,  it  devolved 
upon  the  House  of  Representatives  to  make  a  choice  of  a 
President.  There  were  at  that  time  twenty-four  States,  and 
Mr.  Adams  received  the  votes  of  thirteen,  Mr.  Crawford  of 
four,  and  Gen.  Jackson  of  seven.  Thus,  though  Gen.  Jack 
son  was  without  doubt  the  popular  choice,  he  was  defeated,  as 
was  generally  charged  at  that  time,  by  an  arrangement  between 
the  friends  of  Mr.  Clay  and  Mr.  Adams,  by  which  the  former 
was  to  receive  the  position  of  Secretary  of  State  under  the 
new  administration.  This  charge  was  indignantly  repelled  by 
Mr.  Clay  and  his  friends,  and  as  Mr.  Buchanan  has  been 
stoutly  charged  with  having  originated  the  report,  the  facts 
of  the  case  should  be  known.  The  truth  is,  that  the  idea  of 
the  friends  of  Mr.  Clay  and  Mr.  Adams  uniting,  originated  in 
Washington,  at  first  from  surmises,  founded  as  much  as  any 
thing  upon  the  well-known  hostility  of  Mr.  Clay  to  "  a  military 
candidate."  These  Washington  rumors  were  first  communi 
cated  to  the  public  by  Hon.  George  Kremer,  of  Pennsylvania, 
in  a  letter  to  a  western  newspaper,  and  they  were  mentioned 
by  Mr.  Buchanan  to  Gen.  Jackson,  with  whom  he  was  on  terms 
of  much  intimacy,  and  whose  election  he  greatly  desired.  In 
the  course  of  the  conversation,  Gen.  Jackson  indignantly  re 
marked,  that  before  he  would  "  be  guilty  of  such  an  act,  he 


76  LIFE   AND    SEKVICES    OF   JAMES   BUCHANAN. 

would  see  the  earth  open  and  swallow  up  both  Mr.  Clay  and 
his  friends  and  himself  with  them."     The  fact,  however,  that 
Mr.  Clay  accepted  office  in  Mr.  Adams's  administration,  was 
the  principal  ground  upon  which  the  charge  was  grounded. 
They  had  been  opposing  candidates  at  the  presidential  elec 
tion,   and,  however  pure  may  have  been  the  acts  both  of  Mr. 
Adams  and  Mr.  Clay,  the  fact  of  the  latter  going  into  Mr. 
Adams'  cabinet,   and  the  fact  of  his  friends  having  been  the 
means  of  placing   Mr.    Adams   in   his  distinguished   position, 
could  not  be   separated  in  the   minds  of  the   people.     It  is 
doubtless  true  that  no  bargain  existed.     Mr.  Benton   in  his 
"  Thirty  Years'  View  "  does  Mr.  Clay  the  justice  to  say  that  he 
knew  of  his  determination  to  vote  for  Mr.  Adams,  and  not  for 
Gen.  Jackson,  before  the  12th  of  December,  1824,  Mr.  Clay's 
friends  have  always  complained  bitterly  of  the  injustice  done 
him  by  this  rumor,   and  a  few  of  the  more  malevolent   have 
tried  to  connect  Mr.  Buchanan  with  it,  but  without  the  least 
foundation.     He  merely  stated  rumors  to  Gen,  Jackson,  which 
were  current  in  private  circles,  and  which  had  even  been  pub 
lished  in  the  public  journals.     The  fact  is,  that  it  was  not  so 
much  the  rumor  of  "  bargain  and  sale  "  that  injured  Mr.  Clay, 
as  it  was  the  disregard  of  the  will  of  the  people  in  the  election 
of  Mr.    Adams.     Gen.  Jackson   had   the   highest  number  of 
votes  of  any  of  the  candidates,  and  the  preferences  of  some 
of  the  States  which  had  voted  for   Mr.  Clay  himself,  it  was 
well  known  were  for  Gen.  Jackson  as  their  second  choice.    Yet 
the  friends  of  Mr.  Clay  in  Congress  assumed  to  virtually  decide 
that  "  military  Presidents  "  were  dangerous,  or,  in  other  words, 
that  the  people  did  not  know  enough  to  choose  their  own  pub 
lic  officers.     Whatever  may  be  said  about  the  "  bargain  and 
sale  "  story,  this  was  the  real  issue  in  the  election,  and  this  dis 
regard  for  the  popular  will,  was  doubtless  the  error  of  Mr.  Clay's 
life,  for  he  soon  after  joined  the  whigs   (then  called  national 
republicans),  and  entirely  lost  the  position  in  the  democratic 
party  he  once  occupied.     The  election  of  Mr.  Adams  was,  of 


THE   ELECTION    OF   JOHN   QTJINCY   ADAMS.  77 

course,  perfectly  legal,  but  the  will  of  the  people  had  neverthe 
less  been  defeated,  and  most  proudly  did  they  vindicate  their 
sovereignty  at  the  next  election,  when  they  sent  "  the  hero  of 
New  Orleans  "  to  the  presidential  chair  with  a  majority  which 
no  trafficking  could  destroy,  or  no  chicanery  evade.  Mr. 
Buchanan,  in  a  speech  in  Congress  in  1828,  referring  to  Mr. 
Clay's  accepting  office  in  Mr.  Adams's  cabinet,  exclaimed  with 
true  prophetic  inspiration,  "  What  brilliant  prospects  has  that 
man  not  sacrificed  1" 


78  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 


CHAPTER    V. 

Judiciary  System — Mission  to  Panama — Surviving  Officers  of  the  Revolution. 

THE  nineteenth  Congress  met  on  the  5th  of  December,  1825, 
Mr.  Clay,  having  taken  a  seat  in  Mr.  Adams's  cabinet,  was  not 
a  member  of  the  House.  Hon.  John  W.  Taylor  of  New  York, 
was  chosen  Speaker.  Mr.  Buchanan  had  been  reflected,  and 
was  now  commencing  his  third  term.  Messrs.  Levi  Woodbury, 
and  Samuel  Bell  of  New  Hampshire,  made  their  appearance  in 
the  Senate  at  this  session.  John  Randolph,  t>y  the  favor  of 
the  Virginia  Legislature,  had  been  transferred  from  the  House  ; 
Mr.  Berrien  of  Georgia,  was  there  for  the  first  time,  as  was 
Gen.  Harrison  of  Ohio,  afterwards  president.  In  the  House, 
among  the  new  members,  were  Hon.  Gulian  C.  Verplanck,  and 
Gen.  Aaron  Ward,  of  New  York,  W.  C.  Rives  of  Virginia,  and 
W.  P.  Mangum  of  North  Carolina. 

An  important  discussion  took  place  during  this  session  upon 
the  Judiciary  System.  It  arose  upon  a  bill  reported  by  Mr. 
Webster  from  the  Judiciary  Committee,  of  which  Mr.  Buchanan 
was  a  member,  for  the  appointment  of  three  new  judges,  for 
the  purpose  of  relieving  the  pressing  demands  of  business  in  the 
western  States.  The  bill  was,  for  some  reasons,  vehemently 
opposed.  During  the  debate,  the  whole  question  of  our  judi 
ciary  system  passed  under  discussion,  and  on  the  9th  and  10th 
of  January,  Mr.  Buchanan  made  a  long  and  elaborate  speech 
upon  the  bill,  evincing  profound  acquaintance  with  the  whole 
range  of  law  and  jurisprudence.  No  speech,  probably,  was  ever 


JUDICIARY    SYSTEM.  79 

delivered  on  the  same  subject  on  the  floor  of  Congress  which 
showed  greater  familiarity  with  all  the  details  of  law.  It  was  a 
convincing  proof  of  the  possession  of  that  accuracy  of  mind  and 
discrimination  of  intellect  which  are  the  foundation  of  all  true 
greatness.  No  man  can  be  truly  famous  who  neglects  details  ; 
upon  these,  as  upon  the  concrete  mass  of  the  granite,  rests  the 
superstructure  which  commands  the  respect  and  admiration  of 
the  beholder. 

The  mission  to  the  Congress  of  Panama,  proposed  by  Mr. 
Adams,  was,  however,  the  exciting  topic  of  discussioTr  during 
the  session.  The  Independence  of  the  South  American  Repub 
lics  had  been  recognized  during  the  preceding  session,  Mr.  Bu 
chanan  as  a  devoted  friend  of  liberty  and  free  institutions  giving 
it  his  most  cordial  support.  The  mission  to  Panama  was, 
however,  quite  another  affair.  Mr.  Clay,  with  all  the  ardor  of 
his  impulsive  nature,  had  become  an  enthusiast  in  regard  to  the 
Southern  Republics  which  had  just  then  thrown  off  that  yoke  of 
oppression  which  Spain  had  so  long  laid  upon  them.  He  seemed 
to  have  conceived  a  kind  of  "  holy  alliance "  among  the  Re 
publics  of  this  continent  somewhat  similar  to  the  one  wnich 
existed  in  Europe,  among  the  royal  robbers  and  despots  for  the 
subjugation  of  the  people.  The  idea  was  at  least  romantic. 
Here  was  one  Republic,  already  a  great  nation,  which  had 
thrown  off  the  power  of  George  III.,  and  which  had,  after 
thirty  years,  again  driven  invaders  from  the  same  country  from 
its  soil.  The  colonial  dependencies  of  Spain  had  followed 
the  example,  and  emerging  from  the  long  night  of  Spanish 
despotism,  had  asserted  the  glorious  and  sublime  truth  of  free 
dom  and  equality.  Why  should  not  these  young  nations,  just 
beginning  to  tread  the  virgin  soil  of  a  new  era  in  the  world's 
history,  unite  in  alliance  to  protect  and  defend  liberal  institu 
tions  on  this  continent  ?  What  reasonable  objection  could  be 
urged  against  a  course  which  seemed  so  palpably  the  dictate  as 
well  of  duty  as  of  patriotism  ?  It  is  proper  to  say,  that  the 
first  view  of  the  question  was  a  favorable  one  for  the  course 


80  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

recommended  by  Mr.  Adams  and  Mr.  Clay.  It  was  popular. 
It  appealed  to  the  warmest  and  holiest  sentiment,  next  to  love  to 
God,  which  animates  all  American  bosoms — the  love  of  liberty. 

Considering  that  Mr.  Buchanan  was  among  the  first  to 
desire  the  recognition  of  the  independence  of  these  Republics, 
it  may  seem  strange  that  he  opposed  Mr.  Clay's  brilliant 
scheme  ;  yet  he  did,  and  as  it  has  turned  out,  he  may  well 
congratulate  himself  upon  the  stand  he  then  assumed.  And 
this  country  may  well  congratulate  itself  that  it  never  consent 
ed  to  be  mingled  up  with  these  hybrid  Republics,  where  liberty 
has  been  but  a  name,  and  where  those  distinctions  of  race 
which  the  Almighty  has  so  indelibly  marked  upon  the  human 
family  have  been  disregarded,  and,  as  a  consequence,  most  pf 
these  countries  this  day  present  scarcely  more  than  a  mass  of 
diseased  and  bestialized  mongrelism,  lamentable  evidence  of 
God's  punishment  and  vengeance  upon  all  nations  which  dare 
to  disregard  his  laws.  The  following  extracts  from  Mr.  Bu 
chanan's  speech  on  this  subject  delivered  on  the  llth  of  April, 
1826,  shows  with  what  profound  sagacity  he  saw  and  compre 
hended  the  future. 

"  MR.  CHAIRMAN  :  I  cannot  say,  with  the  gentleman  from  Vir 
ginia  (Mr.  Powell),  who  spoke  first  in  this  debate,  that  I  am 
no  party  man.  To  a  certain  extent  I  am  a  party  man.  It  is 
well  known,  that,  at  the  last  presidential  election,  I  gave  my 
warm  and  decided  support  to  the  distinguished  individual  whom 
the  people  of  this  country  sent  to  the  House  of  Representatives 
with  a  large  plurality  of  electoral  votes.  It  is  my'fixed  purpose 
to  give  the  same  individual  my  feeble  support  in  the  next  con 
test.  I  shall  consider  the  next  election  as  an  appeal  from  the 
House  of  Representatives  to  the  people,  for  the  purpose  of  tra 
versing  a  precedent  which  I  consider  dangerous  to  their  liber 
ties.  To  this  extent  I  am  willing  to  confess  myself  a  party  man, 
as  I  never  wish  even  to  be  suspected  of  fighting  under  false 
colors. 


MISSION   TO    PANAMA.  81 

"  If,  however,  any  gentleman  upon  this  floor  has  intended  to 
charge  me  with  being  engaged  in  a  factious  opposition  to  the 
measures  of  the  present  administration,  I  now  indignantly  cast 
back  the  charge  upon  him,  and  pronounce  it  to  be  unfounded. 
A  factious  opposition  consists  in  opposing  wise  measures,  because 
they  have  been  recommended  by  particular  men.  I  never  have 
and  never  shall  pursue  this  course.  It  would  be  as  impolitic  as 
it  is  unjust.  The  people  of  the  United  States  will  never  sustain 
such  an  opposition.  If  any  circumstance  in  which  he  had  no 
concern  could,  in  my. native  State,  prostrate  the  illustrious  indi 
vidual  whom  she  still  delights  to  honor,  it  would  be,  that  his 
friends  in  Congress  were  concerned  in  factiously  opposing  the 
measures  recommended  by  the  present* administration.  But  do 
gentlemen  expect  to  carry  everything  in  this  House  which  may 
be  proposed  by  the  executive,  merely  by  attempting  to  brand 
the  opposition  with  the  name  of  faction  ?  I  trust  that  such  is  not 
their  intention.  I  feel  certain  if  it  be*,  they  will  be  disappointed. 

"  I  protest  against  the  measure  now  before  the  committee 
being  considered  a  party  measure.  I  am  willing  to  follow  the 
example  of  the  individual  to  whom  I  have  already  alluded,  and 
judge  the  tree  by  its  fruits.  I  have  not  a  single  feeling  of  per 
sonal  hostility  against  the  present  chief  magistrate  of  this  Union. 
I  shall  always  endeavor  to  do  him  justice.  There  is,  however, 
in  my  opinion,  just  cause  of  complaint  against  his  friends  on  this 
floor,  for  endeavoring  to  make  the  subject  before  the  committee 
a  party  question.  The  cause  of  liberty  in  South  America  is  the 
cause  of  the  whole  American  people  not  of  any  party.  An  oppo 
sition  to  that  sacred  cause  never  will,  never  can,  be  cherished 
by  the  friends  of  that  individual  who  refused  to  accept  a  mission 
to  Mexico,  merely  because  Mexico  was  then  suffering  under  the 
despotic  sway  of  a  tyrant  and  a  usurper.  Nothing  but  a 
strong  sense  of  duty  will  induce  any  gentleman  upon  this  floor 
to  resist  his  own  inclinations,  and  to  stem  what  seems  to  be  the 
popular  current,  by  giving  his  vote  against  this  mission. 
****** 
4* 


82  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

"  It  will  here  be  necessary  to  take  a  short  historical  view  of 
our  relations  with  the  Southern  Republics.  Within  the  last  few 
years  we  have  seen  in  this  hemisphere  seven  new  republics 
emerging  from  the  chaos  of  Spanish  colonial  despotism.  The 
whole  American  people  beheld  this  cheering  spectacle  with 
heartfelt  satisfaction.  We  watched  their  progress  with  the 
most  intense  anxiety,  and,  marching  in  the  van  of  nations,  we 
first  declared  them  to  be  free,  sovereign,  and  independent. 
This  declaration  now  is,  and  will  for  ever  continue  to  be,  one  of 
the  most  glorious  events  in  our  annals.  It  was  made  on  the 
4th  of  March,  1822,  and  all  hailed  it  with  pride  and  with  plea 
sure.  In  the  summer  of  1823,  the  Holy  Alliance,  at  the  request 
of  Spain,  were  called  upon  to  assist  in  subjugating  what  she  was 
pleased  to  call  her  revolted  colonies.  The  most  serious  appre 
hensions  were  then  entertained  that  an  unholy  crusade  was  to 
be  proclaimed  against  the  cause  of  liberty  and  republican  gov 
ernment,  wherever  they  existed,  over  the  whole  earth.  In  this 
alarming  posture  of  affairs,  did  we  give  any  pledge  to  foreign 
nations  ?  Did  we  commit  the  faith  of  the  country  to  all  or  any 
of  the  Southern  Republics  ?  Certainly  not.  We  maintained  the 
same  independent  position  which  we  had  always  occupied  in  our 
relations  with  foreign  nations.  The  celebrated  message  of  Mr. 
Monroe,  of  December  2d,  1823,  announced  to  the  Holy  Alliance 
and  to  the  world  that  we  could  not  view  with  indifference  the 
hostile  interposition  of  any  European  power  against  the  inde 
pendence  of  the  Southern  Republics,  but  would  consider  such  an 
attempt  as  dangerous  to  our  own  peace  and  safety.  This 
declaration  was  re-echoed  by  millions  of  freemen. 

****** 

"  The  President,  in  his  message  to  the  Senate,  distinctly  stated, 
that  one  object  which  he  had  in  view  in  accepting  the  invitation, 
was  to  influence  the  Southern  nations  to  change  their  political 
constitutions  in  regard  to  their  established  religion,  and  to  intro 
duce  universal  toleration.  From  the  state  of  public  opinion  in 
those  countries,  an  attempt  of  this  nature  would  spread  one 


MISSION   TO   PANAMA.  83 

universal  flame  over  the  whole  Southern  continent.  With 
whatever  justice  the  enemies  of  the  Catholic  religion  may  say  it 
has  been  a  scourge  to  liberty  in  other  countries,  it  has  certainly 
been  a  blessing  to  the  Southern  Republics.  Its  ministry,  so  far 
from  having  set  themseWes  in  array  against  the  principles  of 
liberty,  took  a  leading  and  an  efficient  part  in  accomplishing 
the  revolution.  This  assertion  is  true,  in  its  utmost  extent,  in 
relation  to  Mexico.  The  President,  having  discovered  the  dan 
ger  of  such  an  interference  at  the  present  time,  very  prudently 
changed  his  attitude  in  his  message  to  this  House,  and  now 
only  intends  to  ask,  at  Panama,  what  I  feel  confident  all  the 
nations  will  grant  without  the  least  difficulty — the  liberty  to  our 
citizens,  while  they  reside  within  any  of  the  Republics,  of  wor 
shipping  their  God  according  to  the  dictates  of  their  own  con 
science. 

"  I  come  now  to  speak  of  a  subject  deeply  interesting  to  my 
own  constituents,  and  the  State  which  I  have  the  honor,  in 
part,  to  represent,  as  well  as  the  rest  of  the  Union.  We  have 
often  been  told,  as  an  argument  against  these  amendments,  that 
they  imply  a  want  of  confidence  in  the  executive.  Judging 
from  their  conduct  in  relation  to  the  Island  of  Cuba,  I  am  justi 
fied  in  declaring  that  my  confidence  in  them  is  shaking  in  every 
thing  which  regards  the  Southern  Republics.  England  and 
France  have  been  warned  by  our  government,  in  the  most  sol 
emn  and  formal  manner,  that  we  could  not  consent  to  the  occu 
pation  of  that  island  by  any  other  European  power  than  Spain, 
under  any  contingency  whatever.  Ought  not  the  same  course 
to  have  been  pursued  towards  the  South  American  Republics  ? 
The  reasons  for  adopting  this  policy,  as  I  shall  presently  show, 
are  at  least  as  strong  in  the  one  case  as  in  the  other  ;  but,  yet, 
the  documents  prove  that  the  Cabinet  had  arrived  at  a  different 
conclusion.  From  them,  it  is  evident  that  our  government  did 
not  intend  to  interfere  for  the  purpose  of  preventing  an  invasion 
of  that  island  by  Mexico  and  Colombia.  Mr.  Clay,  in  his  letter 
of  December  last,  to  the  ministers  of  these  two  nations,  request* 


LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

ed  only  that  their  invasion  of  Cuba  might  be  suspended  until 
the  result  of  our  interference  in  their  favor  with  the  European 
powers  should  be  ascertained.  In  his  letter  to  Mr.  Middleton, 
our  minister  at  St.  Petersburgh,  dated  in  May  last,  which  he 
read  to  the  minsters  of  Mexico  and  Columbia,  he  entered  into  a 
long  argument  to  justify  an  invasion  of  that  island  by  these 
Republics,  in  case  Spain  should  prove  obstinate,  and  not  recog 
nise  their  independence.  I  will  not  trouble  the  committee  by 
reading  this  despatch  to  them,  as  it  is  in  the  hands  of  every 
member. 

"  The  vast  importance  of  the  Island  of  Cuba  to  the  people  of 
the  United  States,  may  not  be  generally  known.  The  com 
merce  of  this  island  is  of  immense  value,  particularly  to  the 
agricultural  and  navigating  interests  of  the  country.  Its  impor 
tance  has  been  rapidly  increasing  for  a  number  of  years.  To 
the  middle,  or  grain-growing  States,  this  commerce  is  almost 
indispensable.  The  aggregate  value  of  goods,  wares,  merchan 
dise,  the  growth,  produce  and  manufacture  of  the  United 
States  exported  annually  to  that  island,  now  exceeds  three  mil 
lions  and  a  half  of  dollars.  Of  this  amount,  more  than  the  one- 
third  consists  of  two  articles,  of  pork  and  flour.  The  chief  of 
the  other  products  of  domestic  origin,  are  fish,  fish-oil,  sperma 
ceti-candles,  timber,  beef,  butter  and  .cheese,  rice,  tallow-can 
dles  and  soap.  Our  principal  imports  from  that -island  are  cof 
fee,  sugar,  and  molasses,  articles  which  may  almost  be  consid 
ered  necessaries  of  life.  The  whole  amount  of  our  exports  to 
it,  foreign  and  domestic,  is  nearly  six  millions,  and  our  imports 
nearly  eight  millions  of  dollars.  The  articles  which  constitute 
the  medium  of  this  commerce,  are  both  bulky  and  ponderous, 
and  their  transportation  employs  a  large  portion  of  our  -foreign 
tonnage.  More  than  one-seventh  of  the  whole  tonnage  enga 
ged  in  foreign  trade,  which  entered  the  ports  of  the  United 
States  during  the  year  ending  the  last  day  of  September,  1824, 
came  from  Cuba  ;  and  but  little  less  than  that  proportion  of 
the  tonnage  employed  in  our  export  trade  sailed  for  that  island 


MISSION   TO    PANAMA.  85 

Its  commerce  is  at  present  more  valuable  to  the  United  States 
than  that  of  all  the  Southern  Republics  united.  How,  then, 
can  the  American  people  even  agree  that  this  island  shall  be 
invaded  by  Colombia  and  Mexico,  and  pass  under  their  domin 
ion  I  Ought  we  not  to  avert  its  impending  fate,  if  possi 
ble  ? 

"  Important  as  the  island  may  be  to  us  in  a  commercial,  it 
is  still  more  important  in  a  political,  view.  From  its  position  it 
commands  the  entrance  to  the  Gulf  both  of  Mexico  and  Flor 
ida.  The  report  of  our  Committee  of  Foreign  Relations,  truly 
says,  '  that  the  Moro  may  be  regarded  as  a  fortress  at  the 
mouth  of  the  Mississippi.'  .Any  power  in  possession  of  this 
island,  even  with  a  small  naval  force,  could  hermetically  seal 
the  mouth  of  the  Mississippi.  Thus  the  vast  agricultural  pro 
ductions  of  that  valley,  which  is  drained  by  the  father  of  rivers, 
might  be  deprived  of  the  channel  which  nature  intended  for 
their  passage.  A  large  portion  of  the  people  of  the  State,  one 
of  whose  representatives  I  am,  find  their  way  to  market  by  the 
Mississippi.  For  this  reason  I  feel  particularly  interested  in 
this  part  of  the  subject.  The  great  law  of  self-preservation, 
which  is  equally  binding  on  individuals  and  nations,  commands 
us,  if  we  cannot  obtain  possession  of  this  island  ourselves,  not 
to  suffer  it  to  pass  from  Spain,  under  whose  dominion  it  will  be 
harmless,  and  yet  our  government  have  never  even  protested 
against  its  invasion  by  Mexico  and  Colombia. 

41  There  is  still  another  view  of  the  subject  in  relation  to  this 
island,  which  demands  particular  attention.  Let  us  for  a 
moment  look  at  the  spectacle  which  it  will  probably  present 
in  case  Mexico  and  Colombia  should  attempt  to  revolutionize 
it.  Have  they  not  always  marched  under  the  standard  of  uni 
versal  emancipation  ?  Have  they  not  always  conquered  by  pro 
claiming  liberty  to  the  slave  ?  In  the  present  condition  of  this 
island  what  shall  be  the  probable  consequence  ?  A  servile  war, 
which  in  every  age  has  been  the  most  barbarous  and  destructive, 
am}  which  spares  neither  age  nor  sex.  .Revenge,  urged  on  by 


86  LIFE   AND   SERVICES   OF   JAMES    BUCHANAN. 

cruelty  and  ignorance,  would  desolate  the  land.  The  dreadful 
scenes  of  St.  Domingo  would  again  be  presented  to  our  view, 
and  would  again  be  acted  almost  within  sight  of  our  own 
shores.  Cuba  would  be  a  vast  magazine  in  the  vicinity  of  the 
southern  States,  whose  explosion  would  be  dangerous  to  their 
tranquillity  and  peace.  Is  there  any  man  in  this  Union  who 
could  for  one  moment  indulge  the  horrid  idea  of  abolishing 
slavery  by  the  massacre  of  the  highminded  and  chivalrous  race 
of  men  in  the  south  ?  I  trust  there  is  not  one.  For  my  own 
part,  I  would  without  hesitation,  buckle  on  my  knapsack  and 
march  in  company  with  my  friend  from  Massachusetts  (Mr. 
Everett)  in  defence  of  their  cause." 

The  consent  of  Congress  for  the  appointment  of  the  mission 
to  Panama,  was  at  length  obtained,  though  in  a  modified  form 
from  what  was  first  asked.  Few  questions  ever  before  Con 
gress  attracted  for  the  time  more  attention  than  this  proposed 
mission.  It  was  the  Monroe  doctrine,  and  a  step  beyond,  and 
was  opposed  by  the  democracy  of  that  day,  simply  because 
they  saw  and  knew  it  was  only  an  effort  of  Mr.  Adams  to  secure 
popularity,  and  that  he  himself,  as  it  afterwards  appeared,  had 
no  idea  of  entering  into  such  "  entangling  alliances  "  as  was 
unavoidable  if  the  mission  were  carried  out  as  at  first  sugges 
ted.  It  was,  in  fact,  one  of  those  false  excitements  raised  by 
the  enemies  of  democracy  to  divert  the  public  mind  from  real 
issues.  It  had  its  day,  like  many  others  which  have  been  born 
and  nursed  since,  producing  for  the  time  excited  and  even  in 
temperate  discussion,  but  finally  leaving  tho  principles  of  genu 
ine  democracy  only  the  clearer  and  brighter,  on  account  of  the 
transitory  storm  that  had  darkened  the  political  atmos 
phere. 

The  reader  will  not  fail  to  notice  by  the  above  speech  of  Mr. 
Buchanan,  that  the  importance  of  allowing  no  nation  to  take 
possession  of  Cuba  in  place  of  Spain,  is  no  new  doctrine  of  his. 
When  it  was  delivered  in  1826,  it  was  considered  too  conserva- 


SURVIVING   OFFICERS    OF   THE   REVOLUTION.  87 

tive,  now  the  same   patriotic  views  are  denounced  as  "  filibus- 
terism." 

"  The  second  session  of  the  nineteenth  Congress  commenced 
on  the  1st  of  December,  1826,  and  ended  on  the  3d  of  March, 
1827.  Almost  the  first  business  that  came  before  it  was  a  bill 
for  the  relief  of  the  surviving  officers  of  the  Revolution.  It  was 
opposed  by  many  members,  but  sustained  by  Mr.  Buchanan,  in 
a  speech  of  great  eloquence  and  power,  in  which  he  triumph 
antly  vindicated  the  duty  of  government  in  providing  for  the 
wants  of  its  defenders.  Upon  an  amendment  to  extend  the 
provisions  to  the  State  militia,  and  which  was  intended  to  kill 
the  bill,  Mr.  Buchanan  said  : 

"  Sir,  has  it  ever  been  the  practice  of  this  government  to  pro 
vide  for  the  militia  ?  Are  they  before  you  asking  for  any  such 
provision  ?  The  wealth  of  Croesus  would  have  been  as  that  of 
a  beggar — the  riches  of  Plutus  would  have  been  exhausted,  in 
pensioning  all  the  militia  who  served  during  the  war  of  inde 
pendence.  I  feel  as  much  gratitude  to  them  for  their  services 
as  any  man.  A  recollection  of  their  glorious  achievements  must 
warm  the  breast  of  every  patriot.  They  have  given  renown  to 
their  country  ;  but  their  occasional  service  of  a  few  months  does 
not,  cannot,  place  them  upon  an  equality  with  the  soldiers  who 
fought,  and  suffered,  and  bled,  for  years  in  the  sacred  cause  of 
liberty.  The  regular  soldier  was  continually  subject  to  martial 
law  ;  he  was  compelled  to  remain  in  the  service  summer  and 
winter  ;  and,  as  the  gentleman  from  Rhode  Island  had  elo 
quently  said,  he  had  marked  the  frozen  soil  of  his  country  with 
the  blood  which  flowed  from  his  unshod  feet. 

"  Who  are  before  you  asking  for  relief?  They  are  the  rem 
nants  of  the  band  who  achieved  your  independence.  They  are 
now  suffering  the  evils  both  of  age  and  poverty.  They  have 
lived  so  long  as  to  be  forgotten  ;  it  would  seem  that  they  had 
become  pilgrims  and  sojourners  in  the  land.  The  beautiful  and 
bountiful  feast  which  they  have  purchased  for  the  American 


88  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

people,  with  their  sufferings  and  with  their  blood,  is  open  to  all 
but  to  them.  The  few  veterans  who  survive  their  generation 
again  ask — what  they  have  hitherto  asked  in  vain — relief  from 
their  country.  This  has  never  been  hitherto  granted  ;  nay, 
more,  we  have  refused  to  make  any  direct  decision  on  their 
claims.  Let  us  not  shrink  from  meeting  the  case  fairly  ;  let 
them  know  their  fate." 

The  bill  finally  became  a  law,  and  the  worthy  veterans  who 
sustained  the  doubtful  and  arduous  struggle  for  independence 
were  at  least  partially  rewarded  for  their  trials  and  their  sacri 
fices.  The  business  of  this  session  was  not  very  important,  and 
although  there  were  many  minor  subjects  of  discussion,  in  most 
of  which  Mr.  Buchanan,  as  usual,  took  a  prominent  and  leading 
part,  yet,  as  a  whole,  the  proceedings  of  the  session  are  barren 
of  historical  interest. 


RETRENCHMENT. 


CHAPTER  VI. 

Retrenchment — Mr.  Adams'  Administration — Dress  of  Foreign  Ministers — Naturalization 
Laws — Retirement  of  Mr.  Macon. 

THE  Twentieth  Congress  convened  on  the  3d  of  December, 
1827.  Hon.  Andrew  Stevenson,  of  Virginia,  was  chosen 
Speaker.-  In  the  Senate  were  such  able  debaters  as  Woodbury, 
Webster,  Van  Buren,  Macon,  Hayne,  Berrien,  and  Benton.  In 
the  House  were  John  Davis,  Edward  Everett,  C.  Mallory,  Cam- 
breleng,  Michael  Hoffman,  Silas  Wright,  W.  S.  Archer,  P.  P. 
Barbour,  John  Randolph,  George  McDuffie,  John  Bell,  James 
K.  Polk,  Edward  Livingston,  and  Edward  Bates.  A  new 
Tariff  bill  was  introduced  at  this  session,  and  was  contested 
inch  by  inch,  but  finally  passed  the  House  by  eleven  and  the 
Senate  by  four  majority.  Mr.  Buchanan  participated  fully  in 
the  discussion  ;  but  as  we  have,  in  a  previous  chapter,  given 
his  opinions  on  this  question,  it  is  unnecessary  to  repeat  them. 
Retrenchment  was  another  subject  which  engaged  the  attention 
of  this  Congress,  It  is  very  common  for  Congressmen  to  talk  a 
great  deal  on  this  point,  but  they  seldom  advocate  any  practical 
method  in  order  to  reach  the  desired  object  without  delay  or 
difficulty.  Not  so,  however,  Mr.  Buchanan  ;  he  proposed  a 
measure,  which  by  simplicity  of  operation,  laid  the  axe  at  the 
root  of  the  tree.  In  the  course  of  the  debate,  he  remarked  : — 

"  I  have  a  word  to  say  to  the  gentleman  from  Maryland  (Mr. 
Barney)  before  I  take  my  seat.  I  am  prepared  at  this  time, 
and  at  all  times,  to  act  upon  the  subject  of  reducing  our 


90  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

pay.  In  relation  to  this  question,  I  formed  a  deliberate  opinion 
six  years  ago,  which  my  experience  ever  since  has  served  to 
strengthen  and  confirm,  that  the  per  diem  allowance  of  mem 
bers  of  Congress  ought  to  be  reduced.  As  a  compensation  for 
our  loss  of  time,  it  is  at  present  wholly  inadequate.  There  is  no 
gentleman  fit  to  be  in  Congress,  who1"  pursues  any  active  business 
at  home,  who  does  not  sustain  a  clear  loss  by  his  attendance 
here.  If  we  consider  our  pay  in  reference  to  our  individual  ex 
penses,  it  is  too  much.  It  is  more  than  sufficient  to  cover  our 
expenses.  I  believe  that  the  best  interests  of  the  country 
require  that  it  should  be  reduced  to  a  sum  no  more  than  suf 
ficient  to  enable  us  to  live  comfortably  whilst  we  are  here.  For 
my  own  part,  I  do  not,  like  the  gentleman  from  Maryland,  give 
away  to  my  constituents  my  per  diem  allowance.  I  receive  it 
and  nse  it  for  my  own  benefit.  It  seems  that  gentleman  uses 
the  surplus  of  his  pay,  in  displaying  his  liberality  to  his  consti 
tuents  ;  by  making  donations  to  churches  and  charitable  insti 
tutions  at  public  expense.  In  this  manner  he  may  use  it  most 
effectually  for  his  own  advantage  ;  but  still  I  am  inclined  to 
believe  his  constituents,  as  well  as  mine,  would  be  quite  as  well 
satisfied,  if  the  surplus  were  allowed  to  remain  in  the  treasury 
for  the  benefit  of  the  nation.  If  the  government  of  this  country 
should  ever  want  almoners  to  distribute  their  bounty,  the  last 
men  whom  the  people  should  desire  to  employ  in  this  office, 
would  be  members  of  Congress.  It  might  be  dangerous  to  trust 
them  with  the  performance  of  such  duty." 

During  the  course  of  the  same  debate  on  the  subject  of 
"  Retrenchment,"  Mr.  Buchanan  took  occasion  to  explain  more 
fully  his  reasons  for  advocating  a  reduction  of  pay. 

Said  Mr.  B.,  "  when  I  expressed  myself  friendly  to  a  reduc 
tion  of  our  own  per  diem  allowance,  I  trust  neither"  the  gentle 
man  from  Maryland  (Mr.  Barney),  nor  any  other  upon  this 
floor,  attributed  my  remarks  to  the  grovelling  and  selfish  desire 


RETRENCHMENT.  91 

of  courting  popularity.  The  people  of  this  country  are  too 
clear-sighted  and  too  intelligent  to  be  deceived  by  such  preten 
ces.  I  here  distinctly  avow  the  saving  of  money  to  the  public 
treasury  was  far  from  being  the  chief  reason  which  influenced 
rny  mind  in  arriving  at  the  conclusion  that  our  per  diem  should 
be  reduced.  I  firmly  believe  that  my  own  constituents  would 
not  regard  it  a  single  straw,  whether  I  voted  for  eight  or  four 
dollars  per  day.'  My  motive  was  of  a  higher  nature.  My 
remarks,  I  trust,  sprung  from  a  noble  source.  If  the  gentle 
man  from  North  Carolina  (Mr.  Culpepper)  had  reasoned  upon 
the  fact  which  he  stated,  and  had  drawn  the  fair  deduction  from 
it,  he  would,  I  think,  feel  the  force  of  the  remarks  which  I 
intend  to  make.  He  says  that  but  one  bill  has  passed  into  a 
law  during  the  present  Congress.  I  would  ask  this  gentleman, 
why  is  this  the  case  ?  Why  has  not  more  business  been  done  ? 
If  he  had  asked  himself  these  questions,  he  would  probably 
have  discovered  the  true  origin  of  my  remarks.  I  wish  to 
speak  with  all  due  deference  to  the  members  of  this  house, 
when  I  say  it  is  my  desire,  by  reducing  our  wages,  to  make  it 
our  interest  as  well  as  our  duty,  to  do  the  business  of  the 
country  as  it  arises,  and  go  home  as  soon  as  possible.  I  do  not 
wish  to  be  in  a  hurry — I  do  not  wish  to  act  without  due  delibe 
ration  ;  and  yet,  I  firmly  believe  that  the  public  business  might 
be  better  transacted  than  it  is  at  present,  in  little  more  than 
half  the  period  of  our  long  sessions.  I  do  not  profess  to  be  "  an 
aged  gentleman,"  but  yet,  upon  this  subject,  I  can  speak  in  the 
language  of  experience,  and  am  glad  that  there  are  many  gen 
tlemen  around  me  who  can  correct  me  if  I  should  fall  in  error. 
I  would  ask,  what  has  been  the  course  of  legislation  which  we 
have  heretofore  pursued  ?  What  have  we  done  through  the 
first  half  of  every  long  session  ?  I  answer,  comparatively 
nothing.  The  fact  stated  by  the  gentleman  from  North  Caro 
lina  in  regard  to  the  business  which  has  been  transacted  during 
the  present  session,  is  substantially  true  of  those  that  are  past. 
But  I  do  not  complain  of  the  waste  of  time  alone.  The  neces« 


92  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN". 

sary  consequence  of  this  manner  of  proceeding  is  to  force  the 
whole  business  of  the  House  near  its  close.  Then  we  have  so 
much  to  do,  that  we  can  do  nothing  well.  There  is  neither 
time  nor  opportunity  for  investigation ;  and  measures  are 
adopted  the  nature  and  character  of  which  cannot  be  under 
stood  by  the  House." 

On  the  4th  of  February  in  a  debate  upon  the  very  same 
bill  which  drew  forth  the  remarks  just  quoted,  Mr.  Buchanan 
went  into  a  thorough  and  searching  review  of  Mr.  Adams'  admi 
nistration.  The  presidential  election  of  1828  was  approaching, 
and  General  Jackson,  who  had  been  defeated  in  1825,  was  the 
candidate  of  the  democracy.  The  people  had  already  become 
tired  of  Mr.  Adams'  management  of  affairs.  When  a  resolution 
was  introduced  in  the  House  to  inquire  into  abuses  which  were 
said  to  exist,  some  of  the  friends  of  the  President  opposed  it. 
How  different  from  the  course  of  Mr.  Buchanan  in  a  former 
Congress  where  the  conduct  of  his  friend,  General  Jackson,  had 
been  assailed  1  To  those  who  thus  proposed  to  stifle  investi 
gation,  Mr.  Buchanan  indignantly  replied  : — "  Against  this  po 
sition  I  take  leave  to  enter  my  solemn  protest.  Is  it  the 
Republican  doctrine  ?  What,  sir,  are  we  told  that  we  shall  not 
inquire  into  the  existence  of  abuses  in  this  government,  because 
such  an  inquiry  might  tend  to  make  the  government  less 
popular  ?  This  is  new  doctrine  to  me — doctrine  that  I  have 
never  heard  before  on  this  floor.  Liberty,  sir,  is  a  precious  gift, 
which  can  never  long  be  enjoyed  to  any  people,  without  the 
most  watchful  jealousy.  It  is  Hesperian  fruit,  which  the  ever- 
wakeful  jealousy  of  the  people  can  alone  preserve.  The  very  pos 
session  of  power  has  a  strong — a  natural  tendency,  to  corrupt 
the  heart.  *  *  *  If  the  government  has  been  administered 
upon  correct  principles,  an  intelligent  people  will  do  justice  to 
their  rulers  ;  if  not  they  will  take  care  that  every  abuse  shall 
be  corrected." 

In  the  same  speech  he  made  *a  reference  to  General  Jackson, 


DRESS    OF   FOREIGN   MINISTERS.  93 

which  will  show  not  only  the  early,  but  the  devoted  support  he 
rendered  to  that  distinguished  democrat,  to  whom  the  people 
are  indebted  for  the  destruction  of  that  gigantic  monopoly,  the 
United  States  Bank.  Alluding  to  the  taunt  Mr.  Clay  cast 
upon  General  Jackson  that  he  was  simply  "  a  military  chief 
tain,"  Mr.  Buchanan  remarked : — "  I  thank  Heaven,  that  in 
these  days,  a  'military  chieftain'  has  arisen  whose  name  is 
familiar  to  the  lips  of  even  the  humblest  citizen  of  this  country, 
because  his  services  live  in  their  hearts,  who  will  be  able,  by  the 
suffrages  of  the  people,  to  wrest  the  power  of  this  government 
from  the  hands  of  its  present  possessors.  No  one  else  could,  at 
this  time,  have  successfully  opposed  the  immense  patronage  and 
power  of  the  administration.  *  *  *  I  trust  and  believe,  that 
the  people  of  the  United  States  will  elevate  '  the  citizen  soldier  > 
to  the  supreme  magistracy  of  the  Union.  In  that  event,  and  after 
he  shall  have  been '  tried  by  them,  I  venture  to  predict,  that 
their  award  will  entwine  the  civic  wreath  with  the  laurel  crown, 
and  that  Jackson  will  live  in  the  history  of  his  country  as  the 
man  of  the  present  age,  '  first  in  war,  first  in  peace,  and  first  in 
the  hearts  of  his  countrymen/  "  It  is  unnecessary  to  remark  how 
abundantly  this  prediction  has  been  verified. 

Mr.  Buchanan's  love  for  genuine  republican  simplicity  has 
always  been  something  more  than  a  mere  name.  Residing  in  a 
portion  of  the  country  which  retains  more  of  the  simple,  unos 
tentatious  habits  of  rural  life  than  any  other  agricultural  district 
of  such,  wealth,  it  is  not  surprising  that  he  should  repudiate  all 
those  badges  of  distinction  and  inferiority,  which  are  so  con 
trary  of  that  spirit  of  equality  which  democracy  inculcates.  He 
held  up  to  just  derision  and  contempt  the  attiring  of  our  for 
eign  ministers  in  a  military  coat  covered  with  glittering  gold 
lace,  and  decking  them  with  a  chapeau  and  small  sword  1  When 
it  was  called  by  some  member  of  Congress  "  the  livery  of  the 
American  people,"  Mr.  Buchanan  remarked  : — 

"I  protest  against  this  dress  being  called  the  livery  of  the 


94:  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

American  people  :  it  is  the  livery  of  the  last  and  the  present 
administration.  No  gentleman  who  valued  his  standing  with 
the  people  of  this  country,  would  ever  appear  before  them  in 
such  a  garb.  The  people  of  the  United  States  do  not  even 
know  that  such  a  dress  has  been  prescribed  for  their  ministers 
abroad.  In  many  instances  it  must  make  us  appear  ridiculous 
in  the  eyes  of  foreign  nations.  Imagine  to  yourself  a  grave  and 
venerable  statesman,  who  never  attended  a  militia  training  in 
his  life,  but  who  has  been  elevated  to  the  station  of  a  foreign 
minister  in  consequence  of  his  civil  attainments,  appearing  at 
court  arrayed  in  this  military  coat,  with  a  chapeau  under  his 
arm,  and  a  small  sword  dangling  at  his  side  I.  Is  not  such  a 
man  compelled,  by  conformity  to  this  regulation,  to  render  him 
self  ridiculous  ?  '  A  military  chieftain'  who,  in  early  life,  had 
received  his  education  at  West  Point,  not  the  old  citizen  soldier 
who  resides  upon  his  farm,  might  sport  a  dress  of  this  kind  with 
some  degree  of  grace  ;  but  what  a  ridiculous  spectacle  would  a 
grave  lawyer,  or  judge,  of  sixty  years  of  age,  present,  arrayed 
in  such  a  costume  !  If  the  salary  of  our  foreign  ministers  be 
not  sufficient  to  enable  them  to  exercise  that  liberal  but  plain 
hospitality  which  belongs  to  the  character  of  their  country,  I 
say,  again,  let  it  be  increased  ;  but  let  them  never  forget, 
in  their  dress  or  in  their  manners,  the  simple  grandeur  which 
belongs  to  the  character  of  republicans." 

It  is  but  proper  to  say  that  Mr.  Buchanan  has  since  practised 
what  he  advocated  upon  this  occasion  ;  and  during  his  recent 
residence  as  minister  at  the  court  of  St.  James,  among  all  the 
gewgaws  and  trappings  of  royalty,  he  appeared  in  the  simple, 
unpretending  garb  of  an  American  citizen  ;  thus  upholding  the 
simplicity  of  republican  institutions,  and  forcibly  rebuking  the 
spirit  of  monarchy  which  decks  one  man  with  badges  of  supe 
riority,  and  fastens  upon  another  the  symbols  of  degradation. 

During  this  session  Mr.  Buchanan  reported  an  important  and 
much  needed  amendment  to  our  naturalization  laws,  from  the 


NATURALIZATION   LAWS.  95 

Judiciary  Committee,  of  which  he  still  continued  a  member, 
Under  the  law  as  it  then  stood,  an  alien  could  not  be  legally 
naturalized,  unless  he  could  produce  a  certificate  that  he  had 
gone  before  a  court  and  registered  himself ;  and  this  certificate 
was  to  be  the  evidence  of  the  time  of  his  arrival  in  the  United 
States.  The  law  also  required  that  this  certificate  of  registry 
should  be  recited  in  the  certificate  of  naturalization.  It  will 
thus  be  seen  that  according  to  this  law,  no  matter  how  long  a 
man  had  been  in  this  country,  or  how  irrefragably  he  could  prove 
it,  he  could  not  be  legally  naturalized,  if  he  had  neglected  to 
make  the  registry  of  his  arrival.  This  neglect  was  very  com 
mon,  on  account  of  aliens  upon  their  arrival  here,  not  being 
acquainted  with  the  law  on  the  subject.  The  bill  which  Mr. 
Buchanan  reported  proposed  to  do  away  with  this  registry. 
There  was  also  another  section  of  the  law  which  required  every 
alien  who  arrived  in  this  country  after  April  14th,  1802,  to 
exhibit  a  certificate  of  the  declaration  of  his  intention  to  become 
a  citizen,  made  two  years  before  his  application  to  be  natu 
ralized. 

"  It  was  believed,"  Mr.  B.  said,  "  by  the  committee,  "  that  if 
an  alien  could  establish,  by  clear  and  indifferent  testimony,  that 
he  had  arrived  in  this  country  previous  to  the  late  war  (of  1812), 
and  continued  to  reside  in  it  ever  since,  this  condition  might,  in 
such  case,  with  propriety  be  dispensed  with.  He  had  reason  to 
believe  that  there  were  many  persons  in  the  country,  particu 
larly  Irishmen,  who  served  as  soldiers  during  the  late  war,  who 
have  hitherto  neglected  to  make  declaration  of  their  intention 
to  become  citizens  ;  and  we  thought  it  right  to  provide  for  this 
class  of  cases,  more  especially  as  such  persons  must  prove,  by 
clear  and  indifferent  testimony,  that  they  have  ever  since  resided 
in  the  United  States." 

These  amendments  to  our  naturalization  laws,  so  just  and 
proper,  were,  by  the  exertions  of  Mr.  Buchanan,  adopted. 
Congress  adjourned  on  the  26th  of  May,  1828,  and  met  again 


96  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

on  the  1st  of  December  following.  In  the  meantime  the  presi 
dential  election  had  taken  place,  and  Gen.  Jackson  triumph 
antly  elected,  according  to  the  predictions  of  Mr.  Buchanan. 
The  principal  topics  of  discussion  before  Congress  were  the  occu 
pation  of  the  Oregon  river,  the  Cumberland  road,  and  an  amend 
ment  to  the  Constitution  introduced  by  Mr.  Smyth,  of  Virginia, 
to  the  effect  that  no  person  who  should  have  been  once  elected 
President  of  the  United  States  shall  be  again  eligible  to  that 
office.  Mr.  Buchanan  opposed  this  upon  true  democratic 
grounds,  which  will  at  once  commend  themselves  to  the  reason 
of  every  intelligent  person.  He  said  "  he  would  incline  to  leave 
to  the  people  of  the  United  States,  without  incorporating  it  in 
the  Constitution,  to  decide  whether  a  President  should  serve 
more  than  one  term.  The  day  may  come  when  dangers  shall 
lower  over  us,  and  when  we  may  have  a  President  at  the  helm 
of  state  who  possesses  the  confidence  of  the  country,  and  is  bet 
ter  able  to  weather  the~  storm  than  any  other  pilot ;  shall  we 
then,  under  such  circumstances,  deprive  the  people  of  the  United 
States  of  the  power  of  obtaining  his  services  for  a  second  term  ? 
Shall  we  pass  a  decree,  as  fixed  as  fate,  to  bind  the  American 
people,  and  prevent  them  from  ever  re-electing  such  a  man  ?  I 
am  not  afraid  to  trust  them  with  this  power." 

Mr.  Buchanan  delivered  an  elaborate  speech  upon  the  Cum 
berland  Road  Bill,  in  which  he  discussed  the  subject  of  internal 
improvements  by  the  general  government,  adhering  strictly  to 
the  doctrine  on  this  subject  laid  down  in  Mr.  Monroe's  celebra 
ted  message,  to  which  reference  has  already  been  made.  The 
proceedings  of  this  session  are  not  voluminous  or  important. 
They  embrace  a  large  number  of  private  bills,  but  none  of  im 
portant  historical  interest.  The  country  was  anxiously  awaiting 
the  commencement  of  Gen.  Jackson's  administration,  which  was 
inaugurated  on  the  4th  of  March,  1829,  the  termination  of  the 
present  Congress. 

This  session  of  Congress  was  distinguished  for  the  retirement 
from  public  life  of  that  remarkable  man,  Nathaniel  Macon,  of 


RETIREMENT    OF   ME.    MACOoST.  97 

North  Carolina.  Stern  in  his  integrity,  devoted  to  duty,  ready 
to  accept  any  office,  even  to  justice  of  peace,  within  the  gift  of 
the  people,  but  disdaining  a  seat  in  the  Cabinet  of  Mr.  Jefferson, 
where  it  could  only  come  as  an  appointment,  he  presented  one 
of  the  most  noted  examples  of  that  illustrious  patriotism,  and 
rigid  self-denial  which  was  a  leading  trait  in  the  character  of  all 
the  more  eminent  founders  of  our  democratic  institutions.  He 
had  fixed  in  his  own  mind  for  many  years  previous  to  his  retire 
ment,  that  he  would  do  so  when  he  arrived  at  the  age  of  three 
score  and  ten,  and  he  was  equal  to  his  determination.  When 
remonstrated  with  by  his  friends  and  assured  that  he  was  still  in 
the  vigor  of  his  intellect,  which  was  the  fact,  he  remarked 
"  that  his  mind  was  still  good  enough  to  tell  him  that  he  ought 
to  quit  office  before  his  mind  quit  him,  and  that  he  did  not  mean 
to  risk  the  fate  of  the  Archbishop  of  Granada."  Quietly  and 
meekly  he  left  the  Senate,  retired  to  his  home  in  North  Caro 
lina,  and  on  the  29th  of  June,  1837,  died,  full  of  years  and  full 
of  honors.  Jefferson,  in  speaking  of  him,  used  to  say  that  he 
sras  "  the  last  of  the  Romans." 


98  LIFE   AND   SEEV1CES   OF   JAMES   BUCHANAN. 


CHAPTER   VII. 

Election  of  &en.  ;ackson  to  the  Presidency — The  Impeachment  of  Judge  Peck — Mr. 
Buchanan's  Celebrated  Speech  thereupon. 

THE  first  session  of  Congress  under  the  administration  of  Gen. 
Jackson  assembled  on  the  7th  of  December,  1829.  In  the 
Senate  were  Samuel  Bell  and  Levi  Woodbury  of  New  Hamp 
shire,  Daniel  Webster  of  Massachusetts,  Theodore  Freling- 
huysen  and  Mahlon  Dickerson  of  New  Jersey,  John  M.  Clayton 
of  Delaware,  John  Tyler  of  Virginia,  Robert  Y.  Hayne  of  South 
Carolina,  George  M.  Troup  and  John  Forsyth  of  Georgia, 
Edward  Livingston  of  Louisiana,  William  R.  King  of  Alabama, 
and  Thomas  H.  Benton  of  Missouri.  In  the  House  may  be  men 
tioned  among  the  prominent  names  those  of  Edward  Everett  of 
Massachusetts,  Tristam  Burgess  of  Rhode  Island,  C.  C.  Cambre- 
leng,  Henry  B.  Cowles,  Michael  Hoffman,  Ambrose  Spencer, 
John  W.  Taylor,  and  Gulian  C.  Verplanck  of  New  York,  James 
Buchanan,  Joseph  Hempbill  of  Pennsylvania,  P.  P.  Barbour, 
Charles  F.  Mercer  and  Andrew  Stevenson  of  Virginia,  George 
McDuffie  of  South  Carolina,  R.  M.  Johnson,  R.  P.  Letcher,  and 
C.  A.  Wickliffe  of  Kentucky,  John  Bell  and  James  K.  Polk  of 
Tennessee,  and  C.  C.  Clay  and  Dixon  H.  Lewis  of  Alabama. 
Seldom  in  our  history  has  the  floor  of  either  house  of  Congress 
shown  a  greater  array  of  talent  or  more  sterling  integrity  than 
upon  this  occasion.  A  large  number  of  the  members  were  fresh 
from  the  people,  and  had  been  elected  in  that  sweep  of  popular 
enthusiasm  which  had  placed  "the  hero  of  New  Orleans"  in 
the  presidential  chair 


ELECTION   OF   GEN.  JACKSON  TO   THE   PEESIDENCY.      99 

And  here  it  is  proper  to  refer  to  Mr.  Buchanan's  part  in  that 
celebrated  contest.  From  the  prominent  position  he  had  taken 
as  the  friend  of  Gen.  Jackson,  he  was  the  especial  mark  of  the 
malignity  of  his  enemies  He  was  assailed  with  all  the  bitter 
ness  which  the  most  intense  party  spirit  could  invoke,  but  firm 
in  his  confidence  in  the  ability  of  the  distinguished  man  whom 
he  supported  for  the  highest  office  in  the  gift  of  a  free  people, 
he  never  wavered  for  a  moment  in  his  support.  Through  all  the 
storms  of  detraction  and  abuse  which  were  poured  upon  him  as 
no  man  had  ever  before  been  assailed  in  this  country,  Mr 
Buchanan  stood  his  firm,  unwavering  friend.  The  campaign  of 
1828  was  a  memorable  one  in  the  annals  of  the  democratic 
party,  as  well  as  in  the  politics  of  the  entire  country.  The 
power  and  influence  of  the  administration  were  opposed  to  the 
success  of  Gen.  Jackson,  and  his  friends  were  compelled  to  con 
tend  with  this  and  more  than  all  with  the  systematic  course  of 
detraction  that  was  pursued  against  their  candidate.  They 
triumphed,  however,  over  every  obstacle,  and  inaugurated  the 
most  glorious  democratic  administration  since  the  days  of  Jef 
ferson.  M.  de  Tocqueville,  about  as  wise  as  most  European 
writers  on  our  institutions,  has  said  that  Gen.  Jackson  was 
"raised  to  the  Presidency  and  maintained  there  solely  by  the 
recollection  of  the  victory  of  New  Orleans  1"  This  imputation 
upon  the  intelligence  of  the  people  in  choosing  their  public  ser 
vants,  of  course  could  only  come  from  a  disbeliever  in  popular 
government,  and  probably  it  never  was  repeated  by  a  single 
person  in  our  own  country  who  was  sincerely  a  believer  in  the 
capacity  of  the  people  for  self-government.  M.  de  Tocqueville 
has  made  another  remark  in  regard  to  Gen.  Jackson,  which  was, 
accidentally,  true.  He  says,  "the  majority  of  the  enlightened 
classes  were  always  opposed  to  him  ;"  and  he  might  have  added, 
that  those  he  calls  "  enlightened"  have  always  opposed  demo 
cracy.  Imbibing  their  notions  of  government  from  British 
writers,  and  contemning  the  doctrines  of  Jefferson,  Madison  and 
Jackson,  it  is  no  wonder  they  have  no  sympathy  with  the  strong 


100  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

hearts,  earnest  impulses  and  unperverted  sentiments  of  the 
masses  who  grasp  as  if  by  instinct  their  leader.  In  the  early 
and  strong  attachment  which  Mr.  Buchanan  exhibited  for  Gen. 
Jackson,  we  see  this  impulse  of  democracy  called  forth,  in  all 
its  power  ;  and  the  ratification  it  met  from  the  suffrages  of  the 
people,  gives  it  the  stamp  of  unequivocal  genuineness 

Mr.  Buchanan  was  selected  at  this  session  for  the  important 
position  of  Chairman  of  the  Judiciary  Committee,  which  had 
been  held  by  Mr.  Webster  when  he  was  a  member  of  the 
House.  Mr.  B.  had  for  several  sessions  been  a  member  of  this 
Committee,  and  no  man  in  the  House  was  probably  better  quali 
fied  for  the  place.  There  was  too.  at  this  time,  one  of  the  most 
important  matters  before  this  Committee  which  can  possibly 
fall  to  the  consideration  of  a  legislative  body.  It  was  no  less 
than  the  impeachment  of  a  judicial  officer,  James  H..  Peck, 
Judge  of  the  District  Court  of  the  United  States  for  the  District 
of  Missouri.  No  matter  may  be  considered  of  a  more  serious 
character,  or  one  which  requires  a  greater  degree  of  prudence 
and  discrimination,  than  the  solemn  duty  of  the  impeachment  of 
a  judge.  To  keep  inviolate  the  dignity  and  authority  of  the 
judicial  bench,  and  at  the  same  time  preserve  a  jealous  regard 
for  the  rights  of  the  citizen,  embrace  points  of  constitutional 
law  of  a  most  delicate  and  important  character.  Fortunately, 
instances  where  the  Senate  of  the  United  States  has  been 
called  upon  to  resolve  itself  into  a  High  Court  of  Impeachment, 
and  to  exercise  the  constitutional  functions  thereby  conferred 
upon  it,  have  been  exceedingly  rare  ;  only  three  previous  to  this 
case  have  occurred  in  our  history  as  a  nation.  But  the  very 
fact  that  these  cases  have  been  rare,  is  the  reason  that  makes 
them  more  difficult  of  adjudication.  We  have  few  or  no  prece 
dents  to  guide  us,  except  those  we  find  in  English  reports, 
which,  under  a  republican  form  of  goverment  are,  or  at  least 
ought  to  be,  mostly  inapplicable.  Hence,  such  cases  require 
some  qualification  in  a  prosecutor  beyond  the  mere  fact  of 
being  a  lawyer.  They  call  for  a  profound  acquaintance  not 


THE   IMPEACHMENT   OF   JUI/GE  • 

only  with  the  theory,  but  above  all,  with  the  spirit  of  our 
institutions.  They  need  a  mind  gifted  with  sufficient  power  of 
originality  to  break  away  from  the  musty  traditions  of  English 
precedents,  and,  in  conformity  with  the  new  spirit  implanted 
by  republican  principles,  judge  of  facts  by  the  unerring  stand 
ard  of  rigid  common  sense,  instead  of  following  the  decisions  of 
the  judicial  sycophants  of  royalty.  Are  not  men  of  the  present 
day  equally  as  able  to  judge  of  what  is  right  or  wrong  as 
Scroggs  and  Jeffries,  or  even,  with  all  due  respect,  "my  Lord 
Chief  Justice  Mansfield?"  At  least  so  thought  Mr.  Bu 
chanan  in  the  argument  he  delivered  in  the  Senate  on  that 
celebrated  trial,  and  there  is  no  man  in  whose  bosom  there 
beats  an  American  heart  who  will  not  thank  him  for  the  noble 
sentiments  he  then  uttered  before  the  assembled  talent  of  the 
nation. 

The  articles  of  impeachment  against  Judge  Peck  passed  the 
House  of  Representatives  at  the  first  session  of  this,  the  twen 
tieth  Congress,  but  the  trial  did  not  take  place  before  the 
Senate  until  the  opening  of  the  second  session.  The  circum 
stances  which  gave  rise  to  this  celebrated  prosecution  were 
briefly  as  follows.  In.  December,  1825,  Judge  Peck  in  the 
United  States  District  Court  of  Missouri  decided  against  the 
claims  of  the  widow  and  children  of  one  Antoine  Soulard,  to 
certain  land  within  the  State  of  Missouri  and  the  then  Territory 
of  Arkansas.  Luke  E.  Lawless,  Esq.,  of  St.  Louis,  had  been 
one  of  the  counsel  for  prosecuting  the  claims  before  Judge 
Peck,  and  when  the  decision  of  the  judge  in  regard  to  the  mat 
ter  was  published,  Mr.  Lawless  wrote  a  brief  article  to  one  of 
the  newspapers  in  St.  Louis,  in  which  he  enumerated  the  errors 
into  which  the  judge  had  fallen.  These  were  stated  in  respect 
ful  language,  and  confined  solely  to  a  notice  of  the  case  in  issue. 
Judge  Peck  chose  to  consider  the  communication  of  Mr.  Law 
less  a  contempt  of  court,  and  having  summoned  him  before 
him,  not  only  deprived  him  of  his  right  to  act  in  his  profession, 
but  even  went  so  far  as  to  commit  him  to  prison,  for  exercising 


102       •    li±El  AlNl>  SERVICES    OF   JAMES   BUCHANAN. 


the  right  every  citizen  enjoys  of  criticising  the  decisions  of  our 
courts.  Mr.  Lawless  made  complaint  to  the  House  of  Repre- 
sentatives.  His  memorial  was  referred  to  the  Judiciary  Com 
mittee  of  which  Mr.  Buchanan  was  chairman.  After  a  full  and 
deliberate  consideration  of  the  case,  the  Committee  unanimously 
reported  articles  of  impeachment  against  Judge  Peck,  which 
were  adopted  by  the  House,  and  thereupon  presented  to  the 
Senate,  which  resolved  into  a  Court  of  Impeachment  for  the 
trial  of  the  accused  judge. 

There  were  five  managers  chosen  by  ballot  on  the  part  of 
the  House  of  Representatives  to  conduct  the  prosecution. 
They  were  James  Buchanan  of  Pennsylvania,  Henry  R.  Storrs 
of  New  York,  George  McDuffie  of  South  Carolina,  Ambrose 
Spencer  of  New  York,  and  Charles  Wickliffe  of  Kentucky. 
Hon.  William  Wirt  and  Hon.  Jonathan  Meredith  were  the 
counsel  of  Judge  Peck.  The  trial  opened  on  the  13th  of 
December,  1830,  at  noon.  The  Senators  were  arranged  on 
two  sets  of  benches,  covered  with  green  cloth,  to  the  right 
and  left  of  the  Vice  President,  the  Hon.  John  C.  Calhoun  of 
South  Carolina  Judge  Peck  and  his  counsel,  Mr.  Wirt  and  Mr. 
Meredith,  entered  and  were  conducted  to  a  table  prepared  for 
their  convenience.  Soon  after,  the  managers  appointed  on  the 
part  of  the  House  of  Representatives  to  conduct  the  impeach 
ment  came  in  and  took  seats  prepared  for  them.  Mr.  Buchanan, 
who  had  been  selected  as  chairman  of  the  committee  of  man. 
agers,  rose  and  stated  that  they  were  ready  to  proceed  to  trial. 
After  the  transaction  of  some  preliminary  business,  the  Court 
adjcurned  for  one  week.  On  the  following  Monday,  the  case 
was  opened  on  the  part  of  the  prosecution,  by  Mr.  McDuffie,  in 
a  speech  of  great'  learning,  eloquence,  and  power.  After  the 
evidence  of  the  prosecution  had  been  submitted,  Mr.  Meredith 
opened  for  the  defence  in  a  learned  and  able  argument,  and 
upon  the  submission  of  the  entire  testimony,  Mr.  Storrs  first,  ani 
Mr.  Wickliffe  afterwards,  addressed  the  Court.  Mr.  Meredith 
opened  his  g;reat  speech  for  the  defence  on  the  19th  of  January 


HIS    SPEECH.  103 

and  continued  four  days.  Once  in  the  course  of  his 'argu 
ment  he  sank  from  physical  exhaustion.  On  the  24th,  Mr. 
Wirt  followed  him  in  one  of  the  happiest  and  most  eloquent 
efforts  of  his  life.  He  occupied  three  days.  The  closing  por 
tion  is  still  described  by  those  who  heard  it  as  surpassingly  beau 
tiful.  Wit,  sarcasm,  and  impressive  eloquence,  as  only  a  Wirt 
could  use  them,  poured  forth  in  streams,  riveting  the  attention 
and  eliciting  the  admiration  of  a  crowded  Senate  chamber  and 
galleries  during  the  whole  time  he  was  speaking. 

Mr.  Buchanan  closed  the  case.  He  did  not  bring  to  his  task, 
perhaps,  the  graceful  oratory  of  Wirt,  or  even  the  impulsive, 
indignant  eloquence  of  McDuffie,  but  he  presented  an  argument 
which,  for  a  review  of  the  principles  of  constitutional  and  judi 
cial  law,  it  may  be  said  without  offence,  was  certainly  superior 
to  Mr.  Wirt's  speech,  and  fully  equal  to  that  of  Mr.  McDuffie. 
Mr.  Buchanan  was  at  this  time  about  forty  years  of  age,  and 
his  mind  had  been  thoroughly  trained  in  debate  on  the  floor  of 
the  House,  with  such  men  as  Mr.  Clay,  Mr.  Calhoun,  Mr. 
Lowndes,  Mr.  Randolph,  Mr.  Webster,  and  others  equally 
eminent  in  forensic  ability.  After  opening  his  speech  with  a 
few  preliminary  remarks  explanatory  of  the  general  nature  of 
the  case,  Mr.  Buchanan  said  : 

"  In  the  progress  of  this  trial,  we  have  made  a  long  excursion 
to  England.  We  have  had  the  principles  of  the  English  gov 
ernment  extensively  discussed,  and  the  court  has  been  enter 
tained  with  a  minute  account  of  the  judicial  history  of  that 
country,  and  what  does  it  all  prove  towards  the  elucidation  of 
this  cause  ?  I  should  not  have  cared  if  the  gentlemen  had 
succeeded  in  establishing  that  the  offence  of  scandalizing  a 
court,  whether  a  cause  was  pending  or  not,  is  punishable  in  a 
summary  manner  in  England.  If  it  were  so,  what  then  ?  Are 
we  to  look  to  the  laws  of  England,  or  to  the  Constitution  and 
laws  of  the  United  States,  for  the  power  of  our  judges  ?  At 
the  revolution  we  separated  ourselves  from  the  mother  country, 


104  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

and  we  have  established  a  republican  form  of  government, 
securing  to  the  citizens  of  this  country  other  and  greater  per 
sonal  rights,  than  those  enjoyed  under  the  British  monarchy. 
The  gentlemen  have  been  discussing  the  extent  of  personal 
rights  in  England  ;  but  that  is  not  the  standard  of  the  rights 
of  the  people  of  this  country.  When  we  arrive  at  the  proper 
stage  of  the  cause,  I  think  I  shall  then  show  that  the  language 
of  the  Constitution  of  the  United  States  upon  this  subject  is  so 
plain,  that  he  who  runs  may  read.  Judge  Peck  had  no  occasion 
to  go  to  England  and  consult  the  common  law  to  discover  pre 
rogatives  for  the  courts  of  this  country ;  all  he  had  to  do,  to 
ascertain  the  limits  of  their  legitimate  power  over  contempts, 
was  to  read  the  seventh  section  of  the  Judiciary  Act  of  1189, 
and  the  Constitution  of  the  United  States. 

"  In  the  further  prosecution  of  this  subject,  I  shall  contend 
that  under  the  Constitution  and  laws  of  the  United  States,  the 
federal  courts  possess  no  power  to  punish  in  a  summary  manner, 
as  contempts,  publications  reflecting  on  the  court,  whether  in 
relation  to  a  cause  pending  or  one  finally  decided,  and  that  in 
either  case,  such  a  power  is  equally  at  war  both  with  the  spirit 
and  the  letter  of  the  Constitution. 

"  And  here  I  will  take  leave  to  observe,  that  any  one  who 
lias  attended  to  the  course  of  this  trial,  might  alone  imagine  it 
was  the  impeachment  of  an  English  judge  before  the  House  of 
Lords,  and  not  that  of  an  American  judge  before  the  Senate  of 
the  United  States.  We  have  scarcely  heard  of  our  own  Consti 
tution -or  our  own  laws.  .This  may  have  been  accident,  or  it 
may  have  been  design.  If  it  has  been  by  design,  it  shall  not 
succeed.  The  gentleman  shall  not  keep  us  pursuing  the  judicial 
history  of  England  for  the  last  five  hundred  years,  and  thus 
place  out  of  view  our  own  constitutional  guarantees  for  the  per 
sonal  rights  and  personal  liberty  of  our  own  citizens. 

"  If  the  courts  of  the  United  States  do  possess  this  power,  it 
must  be  derived  either  from  the  common  law  or  from  the 
inherent  powers  which  necessarily  belong  to  all  courts  of  justice, 


HIS   SPEECH.  105 

or  from  the  Judiciary  Act  of  1189.     If  the  power  exists  at  all, 
it  must  come  from  one  of  these  three  sources. 

"  As  regards  the  common  law,  I  think  it  is  now  conclusively 
settled  by  the  adjudged  cases,  that  the  courts  of  the  United 
States  possess  no  criminal  common  law  jurisdiction.  If  any 
question  can  be  considered  at  rest,  it  is  this.  It  is  utterly 
astonishing  to  me,  that  such  a  claim  of  jurisdiction  should  ever 
have  been  asserted  for  the  judiciary.  The  Constitution  of  the 
United  States  called  into  existence  a  new  government.  Under 
its  provisions,  Congress  established  new  courts  of  justice.  To 
the  legislature  it  belonged  to  declare  what  ought  or  what 
ought  not  to  be  the  law  by  which  these  courts  should  be 
governed.  The  attempt  to  transfer  from  England  to  the  United 
States  the  whole  criminal  code  of  common  law,  without  the 
sanction  of  Congress,  was  the  most  extraordinary  that  will  be 
conceived.  I  have  ever  been  a  friend  to  courts,  and  in  an 
especial  manner  a  friend  to  the  Supreme  Court  of  the  United 
States,  and  I  trust  I  have  shown  it  by  my  public  conduct  ;  but 
if  ever  'they  should  attempt  to  usurp  the  legislative  power  of 
declaring  any  act  to  be  a  crime  in  this  country,  merely  because 
it  is  a  crime  by  the  common  law  of  England,  I  do  not  know  but 
I  should  be  willing  to  bring  the  judges  of  that  court  themselves 
before  this  tribunal.  The  Congress  of  the  United  States  have 
ever  legislated  upon  the  principles,  that  an  act  must  be  declared 
a  crime  by  law  before  the  courts  can  notice  it  as  such.  In  1825, 
the  chairman  of  the  Committee  on  the  Judiciary  in  the  House 
of  Representatives,  who  is  now  a  distinguished  member  of  this 
Court  (Mr.  Webster),  reported  a  bill  on  the  avowed  principle 
that  many  actions  manifestly  of  a  criminal  character  had  not 
been  declared  crimes  by  act  of  Congress,  and  it  was  necessary 
that  this  omission  should  be  supplied,  in  order  to  give  the  courts 
of  the  United  States  the  power  of  trying  and  punishing  them. 
The  bill  thus  reported  was  enacted  into  a  law.  This  doctrine, 
which  is  clearly  correct  in  reason  and  in  principle,  has  been, 
settled  by  the  two  adjudged  cases,  which  have  already  been  cited. 

5* 


106  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 


Indeed,  so  clearly  and  firmly  is  it  established,  that  the  late  Mr. 
Justice  Washington,  in  delivering  a  charge  to  the  grand  jury 
at  Philadelphia  in  1822,  laid  it  down  as  settled,  that  the  courts 
of  the  United  States  have  not  cognizance  of  offences  at  common 
la\y,  unless  it  be  conferred  on  them  by  the  laws  of  the  United 

States. 

****** 

"I  shall  now  proceed  to  prove  that  the  power  claimed  and 
exercised  by  the  respondent  is  in  direct  violation  of  the  letter 
and  spirit  of  the  Constitution.  In  order  to  demonstrate  this 
proposition,  it  is  only  necessary  to  contrast  the  provisions  of  the 
Constitution  with  the  proceedings  of  the  judge  against  Mr.  Law 
less.  The  Constitution  declares  that  "in  all  criminal  prosecu 
tions  the  accused  shall  enjoy  the  right  to  a  speedy  and  public 
trial,  by  an  impartial  jury."  What  does  this  mean  ?  Does  it 
not  extend  to  all  criminal  prosecutions  ?  and  is  it  not  established 
that  the  prosecution  of  a  libel  as  a  contempt  is  a  criminal  prose 
cution  ?  In  criminal  prosecutions  the  rights  of  a  citizen  are 
never  i,o  be  taken  away,  without  a  trial  by  an  impartial  jury. 
Impartiality  is  the  attribute  peculiarly  required.  But  what 
does  the  law  of  contempts,  as  administered  by  Judge  Peck, 
declare  ?  That  the  dearest  rights  of  a  citizen  may  be  taken 
away,  without  any  trial  by  jury,  and  by  the  sole  authority  of 
any  angry,  offended,  and  therefore  partial  judge.  Need  I  add 
another  word  ? 

"Again,  the  Constitution  provides •  that  'no  person  shall  be 
held  to  answer  for  a  capital  or  otherwise  infamous  crime, 
unless  on  a  presentment  or  indictment  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces/  &c.  In 
England,  where  the  power  of  punishing  libels  against  judges  in 
contempts  came  to  the  King's  Bench  from  the  Star  Chamber, 
a  man  may  be  prosecuted  criminally  upon  a  mere  information 
filed  by  the  crown.  But  the  Constitution  of  the  United  States 
explodes  this  doctrine,  except  in  cases  arising  in  the  land  and 
naval  service.  In  all  other  cases  a  grand  jury  must  pass  upon 


HIS    SPEECH.  107 

the  accused,  before  lie  can  be  brought  to  trial.  So  careful 
has  the  Constitution  been  of  the  liberty  of  the  citizen,  that  it 
has  blotted  out  forever  the  proceeding  by  information  ;  although 
before  any  punishment  can  be  inflicted,  even  by  this  mode,  a 
petit  jury  must  first  have  found  the  accused  guilty.  But  what 
is  the  process  in  the  case  of  contempts  ?  Without  either  an 
information  or  an  indictment,  but  merely  on  a  simple  rule  to 
show  cause,  drawn  up  in  any  form  the  judge  may  think  proper, 
a  man  is  put  upon  his  trial  for  an  infamous  offence,  involving 
in  its  punishment  the  loss  both  of  liberty  and  property.  He  is 
deprived  both  of  petit  jury  and  grand  jury,  and  is  tried  by  an 
angry  adversary  prepared  to  sacrifice  him  and  his  rights  on  the 
altar  of  his  own  vengeance. 

"The  Constitution  declares,  'that  no  person  shall  be  com 
pelled,  in  any  criminal  case,  to  be  witness  against  himself.' 
Now  I  ask,  can  the  English  language  furnish  plainer  words 
than  these  ?  Did  not  the  respondent  know,  when  he  called 
upon  Mr.  Lawless  to  answer  interrogatories  upon  oath,  and  on 
his  refusal  inflicted  an  additional  punishment,  that  the  Consti 
tution  protected  him  against  any  such  inquisition  ?  If  the  Con 
stitution  does  not  apply  to  a  case  of  this  kind,  in  the  name  of 
Heaven  when  or  where  will  it  apply  ?  By  the  common  law  of 
England,  the  refusal  to  answer  interrogatories  is  itself  '  a  high 
and  repeated  contempt,  to  be  punished  at  the  discretion  of  the 
court :'  and  so  thought  Judge  Peck  ;  but  the  Constitution  inter 
poses  its  protection,  and  secures  the  citizen  being  called  upon 
to  answer.  Even  the  courtly  Blackstone,  the  apologist  of  every 
abuse  under  the  British  government,  declares  '  that  this  method 
of  making  the  defendant  answer  upon  oath  to  a  criminal  charge 
is  not  agreeable  to  the  genius  of  the  common  law  in  any  other 
instance/  (4  Com.  287.)  Now  I  verily  believe  that  when  the 
framers  of  that  sacred  instrument  inserted  in  it  the  provision 
'  that  no  person  shall  be  compelled,  in  any  criminal  case,  to  be 
witness  against  himself/  they  had  this  very  case  of  contempt 
full  in  their  view.  The  power  which  they  have  forbidden  did, 


108  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

in  this  case,  exist  in  England  ;  but  even  there  it  '  is  not  agree 
able  to  the  genius  of  the  common  law  in  any  other  instance/ 
What  case  so  proper  could  they  have  had  in  view  when  they 
inserted  this  clause  ?  They  could  never  have  intended  that,  not 
withstanding  the  provision,  unless  the  accused  would  himself 
humbly  crouch  at  the  foot  of  judicial  power,  and  swear  that  he 
had  no  intention  to  give  the  slightest  offence  to  the  judge,  he 
should  be  liable  to  be  severely  punished.  Such  a  doctrine 
would  be  repugnant  to  every  feeling  of  a  freeman. 

"Even  the  miserable  pretext  which  existed  for  exercising 
this  power  in  Pennsylvania  and  Tennessee,  that  the  Constitu 
tions  of  these  respective  States  had  sanctioned  a  pre-existing 
'  law  of  the  land/  which  prostrated  the  barriers  erected  by  these 
very  Constitutions  for  the  protection  of  civil  liberty,  has  no 
existence  here.  No  law  of  the  land  for  the  United  States 
existed  previous  to  the  adoption  of  the  Federal  Constitution. 
It  declares  that  no  man  shall  be  compelled  to  bear  witness 
against  himself  in  a  criminal  charge  ;  and  I  put  the  question 
home  to  each  member  of  this  high  and  honorable  court,  whether 
the  language  must  not  be  construed  to  extend  to  cases  of  this 
nature.  Is  there  anything  else  to  which  the  provision  can  apply  ? 
This  odious  inquisition  must  certainly  have  been  intended,  as 
there  is  no  other  criminal  accusation  on  which  a  man  can,  even 
by  the  common  law,  be  required  to  bear  witness  against  himself. 

"  Let  me  here  bring  into  the  view  of  the  Senate  a  fact  on 
which  I  shall  comment  hereafter.  The  counsel  has  told  us  that 
at  first  Judge  Peck  only  intended  to  suspend  Mr.  Lawless  ;  but 
in  consequence  of  his  refusal  to  have  interrogatories  filed,  and 
answer  questions  upon  oath,  which  might  require  him  to  bear 
witness  against  himself,  and  of  his  reading  a  paper  to  the  court 
in  the  character  of  a  protest  or  bill  of  exceptions,  his  punish 
ment  was  aggravated  by  the  disgrace  of  imprisonment. 

"Yes,  sir,  with  this  constitutional  charter  in  his  hand,  the 
judge  has  branded  Mr.  Lawless  with  infamy  (so  far  as  his  sen 
tence  of  imprisonment  could-do  so),  for  refusing  to  give  evidence 


HIS    SPEECH.  109 

against  himself.     But  I  shall  treat  more  fully  of  this  point  here 
after. 

"  The  Constitution  further  provides  that  no  person,  for  the 
same  offence,  shall  be  twice  put  in  jeopardy  of  life  or  limb.  But 
the  law  of  contempt,  after  a  judge  has  first  wreaked  his  own 
vengeance  on  the  accused  for  the  offence,  considered  as  a  con 
tempt  of  court,  the  unhappy  victim  may  afterwards  be  indicted 
for  a  libel,  and  thus  again  punished  for  the  same  offence. 

"  The  Constitution  of  the  United  States  does  not  contain  the 
provision,  which  is  to  be  found  in  almost  every  State  Constitu 
tion  in  the  Union,  that,  upon  prosecution  for  a  libel,  the  truth 
may  be  given  in  evidence.  The  reason  of  this  omission  doubt 
less  was,  that  as  this  instrument  did  not  confer  upon  Congress 
any  power  to  punish  libels,  there  was  no  necessity  for  the  intro 
duction  of  such  a  clause.  If  the  power  exercised  by  the  respon 
dent  does  not  exist  in  the  courts  of  the  United  States,  I  pre 
sume  no  man  will  be  hardy  enough  to  contend  that  the  truth  of 
an  accusation  against  a  judge  cannot  be  given  in  evidence  iu  a 
summary  prosecution  for  a  .contempt.  What  a  spectacle  would 
then  be  presented  on  such  a  trial  I  For  example,  I  believe  that 
a  judge  has  in  a  certain  cause  decided  absurdly  (and  such  a 
thing  we  know  may  happen).  I  review  his  decision  in  one  of 
the  public  journals,  and  prove  that  he  has  shown  himself  to  be 
a  weak  man,  and  charge  him  with  having  been  wicked  and  par 
tial.  If  such  be  the  fact,  I  have  a  right  to  establish  it  any 
where,  and  the  truth  everywhere  ought  to  protect  me  from  pun 
ishment. 

"  I  am  called  before  this  very  judge,  charged  with  a  con 
tempt  of  court,  and  the  only  issue  to  be  tried  by  him  is,  whether 
he  himself  is  not  weak  or  is  not  wicked,  whether  he  has  not 
made  an  absurd  or  a  partial  decision.  What  an  examination 
would  this  be  in  a  land  of  liberty  !  Could  it  ever  have  been 
intended  to  confer  a  power  so  absurd  and  so  dangerous  upon 
an  American  court  of  justice  ? 

"  I  now  advance  a  little  further  in  this  argument  (although 


110  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

it  is  astonishing  to  me  that  any  argument  on  such  a  subject 
can  be  necessary).     That  sacred  aegis — the  liberty  of  the  press    / 
— a  right  which  Congress,  if  they  would,  could  not,  and  if  they 
*  could/  dare  not  infringe — shields  every  citizen  of  this  land 
from  the  blow  of  such  judicial  tyranny.     No  free  government 
can  long  exist  without  a  free  press.     Power  is  constantly  steal 
ing  on.     One  implication  involves  another,  until  liberty  may  be 
lost  before  the  people  know  it  is  in  danger.     To  preserve  this 
invaluable  boon,  it  ought  to  be  watched  with  greater  jealousy 
than  ever  was  excited  by  the  fabled  guardian  of  the  Hesperian 
fruit.     Its  safest  protector  is  a  free  press  ;  and  the  Constitution 
of  the  United  States  has  therefore  declared,  that  '  Congress 
shall  make  no  law  abridging  the  freedom  of  speech,  or  of  the 
press.'     What  was   the   intention   of    this    provision  ?      The 
framers  of  the  Constitution  well  knew,  that  under  the  law  of 
each  of  the  States  comprising  this  Union,  libels  were  punish 
able.     They,  therefore,  left  the  character  of  the  officers  created 
under  the  Constitution  and  laws  of  the  United  States,  to  be 
protected  by  the  laws  of  the  several  States.  They  were  afraid  to 
give   this  government  any  authority  over  the  subject  of  libels, 
lest  its  colossal  power  might  be  wielded  against  the  liberty 
of  the  press.     They  have  guarded  it  with  a  wholesome  and 
commendable  jealousy. 

"  In  open  violation  of  this  provision,  the  sedition  law  was 
passed  in  1798.  This  law,  after  having  destroyed  its  authors, 
expired  in  March,  1801,  by  its  own  limitation.  The  gentleman 
who  first  addressed  the  Court  in  behalf  of  the  respondent,  has 
mistaken  the  argument  of  the  managers  in  relation  to  this  law. 
None  of  us  contend  that  it  was  cruel  and  unjust  in  its  pro 
visions.  It  was  more  equitable  than  the  common  law,  because 
in  all  cases  it  made  an  indictment  necessary,  and  it  permitted 
the  truth  to  be  given  in  evidence.  The  popular  odium  which 
attended  this  law  was  not  excited  by  its  particular  provisions, 
but  by  the  fact  that  any  law  upon  the  subject  was  a  violation 
of  the  Constitution.  Congress  had  no  power  to  pass  any  law 


HIS    SPEECH.  Ill 

of  the  kind,  good  or  bad.  It  is  now,  I  believe,  freely  admitted 
by  every  person  (I,  at  least,  have  not  for  several  years  con 
versed  with  any  man  who  held  a  contrary  opinion),  that  Con 
gress,  in  passing  this  act,  had  transcended  their  powers.  I 
have  no  doubt  that  the  motives  of  many  of  those  who  passed  it 
were  perfectly  pure  ;  but  yet,  if  any  principle  has  been  estab 
lished  beyond  a  doubt,  by  the  almost  unanimous  opinion  of  the 
people  of  the  United  States,  it  is,  that  the  sedition  law  was 
unconstitutional.  Such  is  the  strong  and  universal  feeling  upon 
this  subject,  that  if  any  attempt  were  now  made  to  revive  it, 
the  authors  would  probably  meet  a  similar  fate  with  those 
deluded  and  desperate  men  in  another  country,  who  have 
themselves  fallen  victims  upon  the  same  altar  on  which  they 
had  determined  to  sacrifice  the  liberty  of  the  press. 

"  Well,  sir,  and  what  then  ?  It  is  contended  by  the  respon 
dent  that  although  Congress  could  not  bestow  upon  the  courts 
of  the  United  States  the  power  of  trying  and  punishing  libels, 
yet  that  by  implication  he  may  exercise  this  authority  and 
dominion  over  all  men  who  may  dare  to  discuss  his  pretensions 
in  the  public  newspapers.  That  power  which  the  legislature 
who  created  him  could  not  confer  upon  him  by  express  grant, 
he  exercises  by  implication. 

"  Shall  then  a  petty  judge,  a  petty  provincial  judge  (if  it  be 
lawful  to  use  such  language,  after  the  rebuke  my  colleague 
received) — although  Congress  itself  dare  not  pass  a  law  for  the 
punishment  of  libellers  against  its  own  members,  or  the  Presi 
dent  of  the  United  States — be  permitted  to  sit  as  the  sole  judge 
in  his  own  cause,  and  in  palpable  violation  of  the  Constitution, 
fine  and  imprison,  at  his  own  pleasure,  the  author  of  a  libel 
against  himself  ?  When  the  express  power  cannot  be  delegated, 
shall  he  take  it  by  implication  ?  Shall  courts  of  justice  exercise 
a  power  as  a  bare  incident,  vastly  beyond  what  their  creators 
could  confer  upon  them  ? 

"  If  all  courts  do  possess  this  authority,  it  may  be  wielded 
with  vast  power  as  an  engine  for  the  destruction  of  our  liberties., 


112  LIFE   AND   SEKVICES   OF   JAMES   BUCHANAN. 

We  have  always  had  in  this  country,  and  I  suppose  we  shall 
always  continue  to  have,  angry  political  discussions.  It  would 
seem  that  such  storms  are  necessary  to  purify  the  political 
atmosphere  of  the  Republic  (though  they  are  sometimes  much 
more  violent  than  agreeable).  Let  me  illustrate  my  views  by 
putting  a  case  in  reference  to  the  so  much  agitated  question  of 
our  relations  with  the  Southern  Indians.  This  question  has 
awakened  intense  feeling  throughout  the  Union,  and  I  doubt 
not  has  given  birth  to  much  honest  difference  of  opinion.  Some 
believe  the  President  to  be  right  in  his  view's  upon  the  subject, 
and  others  that  he  is  entirely  wrong.  It  would  not  become  me 
here  to  express  any  opinion.  But  suppose  the  President  of  the 
United  States  were  to  institute  suits  against  some  one  of  the 
editors  who  have  attacked  his  character  and  assailed  his  mo 
tives  in  relation  to  his  conduct  on  the  Indian  question,  what 
might  be  the  consequence  ?  The  question  then  to  be  settled  by 
such  a  suit  would  be,  are  these  attacks  true  or  false  ?  Now 
you  could  not  take  up  a  paper  in  the  District  of  Columbia  which 
would  not  contain  one  or  more  articles  discussing  the  general 
question,  and  having  a  direct  bearing  upon  the  public  mind  in 
relation  to  the  cause  pending.  These  publications  upon  the 
principles  on  which  Judge  Peck  acted  would  all  be  contempts 
of  court.  You  might  as  well  attempt  to  stop  the  "flowing  tide, 
lest  it  might  overwhelm  the  temporary  hut  of  the  fisherman 
upon  the  shore,  as  to  arrest  the  march  of  public  opinion  in  this 
country,  because  in  its  course  it  might  incidentally  affect  the 
merits  of  a  cause  depending  between  individuals. 

"  Sir,  is  this  a  fancy  picture  ?  When  a  man  so  distinguished 
as  to  be  a  prominent  candidate  before  the  people  of  the  United 
States  for  the  highest  office  in  the  country,  undertakes  to  redress 
his  wrongs  by  an  action  for  a  libel,  he  attaches  to  himself  the 
whole  politics  of  the  country,  and  thus  all  the  publications  in 
the  papers  of  the  United  States  on  the  subject  out  of  which  the 
suit  arose  are  converted  into  contempts  against  the  court  in 
which  it  is  pending. 


HIS   SPEECH.  113 

"  I  know  something  about  a  governor's  election  in  New  York 
and  Pennsylvania.  The  liberty  of  the  press  is  on  such  occa 
sions  carried  to  its  utmost  limits.  Charges  are  very  freely  made 
and  very  freely  urged  against  the  opposing  candidates  ;  and  all 
the  people  of  the  State  are  deeply  interested  in  knowing  their 
truth  or  falsehood.  The  candidate  who  fears  the  public  dis 
cussion  of  any  charge  made  against  him,  has  nothing  to  do  but 
bring  a  suit,  and  then,  according  to  the  doctrine  of  contempts 
now  asserted,  all  future  publications  upon  that  subject  become 
contempts  of  court,  and  may  be  punished  with  severity  by  the 
judges  before  whom  the  action  is  depending.  The  current  of 
public  opinion  must  be  stopped  ;  the  merits  or  demerits  of  the 
candidate  must  not  be  discussed  ;  there  must  be  an  awful  pause 
to  await  the  event  of  a  little  libel  cause  in  an  inferior  court. 
Such  a  doctrine  cannot  exist  in  this  country.  Carry  it  out  to 
its  practicable  consequences,  and  it  becomes  appalling.  By  a 
politic  application  of  it,  every  judge  in  the  land  may  become  the 
tool  of  executive  power, .or  the  instrument  of  preventing  all 
attacks  against  his  political  favorites  who  may  be  candidates 
for  office.  These  are  not  mere  fanciful  cases.  They  may  occur 
in  practice  ;  and  if  the  power  should  be  sanctioned  and  estab 
lished  by  the  decision  of  this  court,  the  day  may  arrive  when  it 
will  be  resorted  to  for  the  most  dangerous  purposes.  The  time 
may  come  when  it  shall  be  considered  very  necessary  and  proper 
to  shield  some  future  President  from  public  discussion  by  the 
exercise  of  this  power. 

"  Why,  sir,  at  this  very  time,  from  one  end  of  the  Union  to 
the  other,  we  find  the  public  papers  of  a  particular  complexion 
ringing  with  attacks  on  the  character  and  conduct  of  the  Chief 
Justice  of  the  United  States,  in  relation  to  the  Indian  question 
now  pending  before  the  Supreme  Court.  I  think  these  attacks 
are  unjust ;  but  to  check  them,  would  you  silence  the  public 
press  ?  Would  you  say  that  the  Supreme  Court  ought  to  drag 
before  it  every  editor  in  the  country,  and  thus  put  an  end  to 
the  discussion  ?  I  know  that  even  if  the  court  possessed  this 


114:  LIFE   AND    SERVICES   OF   JAMES    BUCHANAN. 

power,  it  would  never  be  invoked  by  the  present  Chief  Justice — 
a  man  upon  whom  any  eulogy  of  mine  would  be  lost.  But  if 
he  resembled  a  Scroggs  or  a  Jefferies  (and  such  men  may  yet 
hold  that  office),  he  would  never  rest  content  until  he  had 
inflicted  vengeance,  through  the  agency  of  this  power,  upon 
those  who  dared  to  attack  his  judicial  character. 

"  I  have  been  considering  the  consequences  of  this  power  in 
regard  to  cases  pending  ;  but  it  would  be  infinitely  worse  in  its 
application  to  cases  which  have  been  decided.  The  Supreme 
Court  of  the  United  States  is  vested  with  power  in  the  last 
resort,  to  construe  the  Constitution  ;  constitutional  questions 
are  brought  before  it  almost  every  term,  involving  great  and 
extensive  interests,  and  in  some  cases  the  rights  of  sovereign 
States.  Its  jurisdiction  is  co-extensive  with  the  Union,  and 
from  the  very  nature  of  things,  its  decisions  must  agitate  and 
inflame  large  masses  of  the  people  of  this  country.  Judgment 
is  pronounced,  and  the  reasons  for  it  go  forth  to  the  world  in 
the  form  of  an  opinion.  Is  not  this  opinion  as  fair  a  subject 
of  criticism  as  any  other  public  paper  ?  And  will  not,  and  ought 
not  such  opinions  to  be  freely  criticised  as  long  as  liberty  shall 
endure  in  this  country?  And  yet  upon  the  principles  which 
governed  the  respondent's  conduct,  the  Supreme  Court  possess 
the  power  to  bring  all  the  editors  throughout  the  Union  before 
them,  who  have  dared  to  impute  errors  to  their  opinions,  and 
punish  them  by  fine  and  imprisonment  at  their  pleasure.  The 
bare  attempt  to  exercise  such  a  power  would  convulse  the  people 
of  this  country. 

"  I  recollect  a  case  in  my  own  State,  which  may  serve  to 
illustrate  the  absurdity  of  this  claim  of  power.  The  Chief 
Justice  of  Pennsylvania  delivered  an  opinion  that  the  Supreme 
Court  of  that  State  had  no  right  to  declare  a  State  law 
unconstitutional.  A  United  States  judge  took  up  this  opinion, 
and  in  one  of  the  periodicals  of  the  day  handled  it  very  severely  ; 
more  so,  beyond  all  comparison,  than  Mr.  Lawless  criticised 
the  opinion  of  Judge  Peck.  If  such  a  power  had  existed,  here 


HIS    SPEECH.  115 

was  a  case  for  its  exercise.  The  Supreme  Court  might  have 
brought  the  District  Judge  of  the  United  States  before  them 
oh  an  attachment,  and  sentenced  him  to  fine  and  imprisonment 
for  scandalizing  the  Chief  Justice,  and  endeavoring  to  bring  him 
into  odium  and  disgrace  before  the  people. 

"  If  a  judge  be  corrupt  or  partial  in  his  judicial  conduct,  or 
should  chance  to  be  a  fool,  (a  case  which  sometimes  happens)  it 
is  not  only  the  right,  but  the  bounden  duty  of  his  fellow-citizens 
to  expose  his  errors.  If  a  man  should  be  notoriously  incompe 
tent  for  the  judicial  station  which  he  occupies,  though  this  may 
be  no  ground  for  an  impeachment,  yet  it  is  a  state  of  things  on 
which  the  force  of  public  opinion  may  rightfully  be  exerted,  for 
the  purpose  of  driving  him  from  the  bench.  I  admit  that  the 
case  ought  to  be  an  extreme  one  to  justify  such  a  resort.  But 
then,  if  this  power  to  punish  libels  does  exist,  a  judge  may  de 
cide  as  he  pleases  without  regard  either  to  honesty  or  law  ;  and 
then  silence  the  public  press  in  relation  to  his  conduct,  by  de 
nouncing  fine  and  imprisonment  against  all  those  who  shall 
dare  to  expose  the  errors  of  his  opinion.  In  such  a  case,  upon 
the  hearing  before  the  judge,  the  greater  the  truth,  the  greater 
would  be  the  libel.  A  weak  judge,  when  his  capacity  is  called 
in  question,  would  always  be  the  most  cruel  and  oppressive. 

"  As  I  have  already  referred  to  the  Supreme  Court  of  the 
United  States,  let  me  do  it  again.  That  illustrious  tribunal,  in 
the  honest  and  fearless  discharge  of  its  duties,  has  come  into 
collision  with  many  of  the  States  of  this  Union — with  Pennsyl 
vania,  with  Virginia,  with  Georgia,  with  Massachusetts,  with 
New  York,  and  with  Kentucky.  It  has  been  abused  and  vili 
fied  from  one  end  of  the  continent  to  the  other.  This  has  been 
its  history  since  the  foundation  of  the  federal  government. 
Has  any  man  ever  heard  that  the  judges  of  this  court  claimed 
the  power  of  punishing  these  revilers  in  a  summary  manner  by 
fine  and  imprisonment  ?  Have  we,  at  any  period  of  its  history, 
heard  the  slightest  intimation  to  that  effect  from  any  of  these 
men  ?  Not  one.  That  court  has  often  been  in  the  storm.  It 


116  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

has  been  assailed  by  the  minds  and  waves  of  popular  opinion  ; 
but  it  has  gone  on  in  an  honest  and  fearless  course,  and  trusted 
for  a  safe  deliverance  to  the  good  sense  and  patriotism  of  the 
American  people.  That  tribunal  needs  no  such  power  as  has 
been- claimed  by  this  judge  in  Missouri,  and  has  never  thought 
of  resorting  to  the  arbitrary  and  vindictive  conduct,  which  has 
brought  him  to  your  bar. 

"  I  trust  I  have  now  succeeded  in  proving,  that  the  courts 
of  the  United  States  can  neither  derive  this  power  from  the 
common  law,  nor  from  the  Judiciary  Act  of  1789,  nor  from  ne 
cessity  ;  and  that  its  exercise  is  in  direct  violation  of  the  Con 
stitution  of  the  United  States.  Another  question  now  presents 
itself,  on  which  it  may  be  proper  to  make  some  additional 
remarks. 

Had  Judge  Peck  power  in  this  case  to  suspend  Mr.  Lawless 
from  practising  his  profession  ?  It  is  of  importance  to  us  who 
belong  to  the  bar  to  know  whether  or  not — and  to  have  the 
decision  of  this  court  upon  the  question.  If  he  had,  the  mem 
bers  of  a  profession  which  has  ever  stood  foremost  in  this 
country,  in  the  defence  of  civil  liberty,  are  themselves  the 
veriest  slaves  in  existence.  I  believe  that  I  have  as  good  a 
right  to  the  exercise  of  my  profession,  as  the  mechanic  has  to 
follow  his  trade,  or  the  merchant  to  engage  in  the  pursuits  of 
commerce.  I  want  then  to  know  whether  henceforward  I  must 
humble  myself  and  become  .the  sycophant  of  a  judge,  whom  I 
may  despise,  under  the  penalty  of  being  deprived  of  the  right 
to  practise  my  profession  before  him.  If  a  judge  be  weak,  or 
if  he  be  wicked,  his  judicial  conduct  is  as  fair  a  subject  of  dis 
cussion  among  lawyers,  as  among  any  other  class  of  citizens  ; 
and  for  exercising  this  right  they  incur  no  punishment,  which 
cannot  be  inflicted  on  any  other  person.  If  this  proposition  be 
not  true,  they  become  the  mere  creatures  of  the  court.  Instead 
of  being  the  firm  and  fearless  asserters  of  their  clients'  rights, 
often  in  opposition  to  the  preconceived  opinions  of  the  bench, 
they  must  cringe  and  assent  to  any  and  every  intimation  of  the 


HIS   SPEECH.  117 

judge  at  the  risk  of  their  ruin.  The  public  hare  almost  as 
deep  an  interest  in  the  independence  of  the  bar  as  of  the  bench. 
The  rights  of  the  citizens,  under  the  complete  systems  of  modern 
times,  can  only  be  asserted  and  maintained  through  the  agency 
of  the  profession. 

"  Members  of  the  profession  may  forfeit  their  right  to  prac 
tise,  but  this  can  only  be  done  by  the  commission  of  some 
professional  offence,  or  some  crime  of  so  black  a  character  as 
shows  them  to  be  wholly  unworthy  to  be  trusted.  For  other 
offences  they  are  subjected  to  the  same  punishments  as  their 
fellow  citizens.  Their  official  and  their  private  acts  are  entire 
ly  distinct  from  each  other.  To  show  that  Judge  Peck  has  no 
right  to  suspend  Mr.  Lawless,  I  need  not  go  further  than  2d 
PetersdorfFs  Abridgment,  615,  the  book  cited  by  the  judge 
himself.  It  proves  conclusively  that  the  high  prerogative  of 
striking  an  attorney  from  the  rolls  has  never  been  exercised, 
even  in  England,  except  for  grossly  dishonest  professional  mis 
behavior,  or  on  a  conviction  of  felony  or  other  infamous  crimes. 
This  power  has  never  been  resorted  to,  except  in  extreme 
cases.  I  admit,  that  if  in  this  country,  where  the  two  professions 
of  attorney  and  counsellor  are  generally  united  in  the  same 
person,  an  attorney,  in  open  court,  will  manifest  by  his  conduct 
a  total  want  of  respect  for  the  judges,  and  will  pursue  a  course 
tending  to  obstruct  the  public  business  before  the  court,  they 
must  from  necessity,  possess  the  power  of  suspending  him  from 
practice.  But  it  is  not  pretended,  that  Mr.  Lawless  has  brought 
himself  within  this  rule.  Was  it  ever  heard  of  in  England,  that 
an  attorney  was  stricken  from  the  rolls  of  the  court  for  writing 
and  publishing  strictures,  no  matter  how  severe,  upon  the 
opinion  of  a  judge  ?  The  research  of  the  learned  gentleman 
has  not  furnished  us  with  a  single  case  from  the  English  book, 
nor  a  single  dictum  to  that  effect.  If  I  write  and  publish  an 
article  which  a  judge  may  choose  to  consider  as  a  libel  upon 
himself,  is  it  not  enough  that  he  may  appeal  like  other  citizens 
to  the  laws  of  his  country  for  redress,  and  have  me  fined  and 


118  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

imprisoned  for  the  offence  ?  Shall  he  be  permitted  to  take  the 
law  into  his  own  hands,  and  add  to  this  punishment  a  forfeiture 
of  my  means  of  subsistence,  by  taking  away  from  me  my  pro 
fession  ?  Even  the  punishment  of  a  libel  as  a  contempt,  by 
fine  and  imprisonment,  would  be  mercy  when  compared  with 
this  power. 

"  The  judge,  in  the  same  rule  against  Mr.  Lawless,  has  em 
braced  two  things  of  an  entirely  different  character.  No  two 
subjects  can  be  more  distinct,  in  their  nature,  than  a  rule  to 
show  cause  why  an  attachment  should  not  issue  for  a  contempt, 
and  a  rule  against  an  attorney  to  show  cause  why  he  should  not 
be  stricken  from  the  rolls.  In  the  first  case,  the  court  must 
proceed  without  delay.  Its  progress,  or  its  lawful  command 
must  be  obeyed  immediately,  otherwise  the  progress  of  public 
business  is  arrested.  If  the  order  of  the  court  be  obeyed,  either 
there  is  no  punishment  at  all  inflicted,  or  it  is  generally  very 
slight.  The  suspension  of  an  attorney  from  practice  is  of 
another  character.  The  question,  then,  to  be  decided  is,  has 
his  conduct  been  of  such  a  character,  as  to  require  his  expul 
sion  from  the  bar?  This  is  a  question  which  need  not  be 
determined  in  a  day  or  in  a  month.  The  spirit  which  dictated 
that  provision  of  the  common  law,  that  the  tools  of  an  artificer 
shall  not  be  distrained,  ought  to  prevail  upon  such  an  occasion. 
When  a  man's  all  is  at  stake,  or  rather  the  means  by  which  his 
all  is  acquired,  there  ought  to  be  no  haste  in  the  proceeding, 
when  no  haste  is  necessary.  But  here  this  infuriated  judge 
had  decided,  from  the  very  first  moment,  that  Mr.  Lawless 
should  be  suspended  ;  and  it  has  been  alleged  that  it  was  not 
till  after  his  refusal  to  answer  interrogatories  that  he  determined 
to  add  the  ignominious  punishment  of  imprisonment. 

****** 

"  I  come  now  to  the  vital  and  essential  part  of  this  cause, 
and  I  do  contend,  that  if  there  were  no  evidence  before  the 
Senate  but  the  opinion  of  the  court,  the  article  signed  'A 
Citizen/  and  the  fact  of  its  author's  imprisonment  and  suspen- 


HIS    SPEECH.  119 

sion,  these  would  be  sufficient  grounds  to  pronounce  the  res 
pondent  guilty.  If  he  had  the  heart  to  proceed  coolly  and 
deliberately,  without  passion,  and  to  cloak  his  malice  under  a 
fair  and  kind  exterior,  I  should  not  believe  him  to  be  the  better 
man,  for  being  able  so  well  to  play  the  hypocrite.  But  the 
facts  of  this  case  leave  nothing  for  conjecture.  They  speak  in 
a  language  which  cannot  be  misunderstood.  It  will  now  be 
my  endeavor  to  present  them  before  this  Court  in  a  distinct  and 
perspicuous  manner,  according  to  the  order  in  which  they  oc 
curred. 

On  Monday,  the  Itth  of  April,  1826,  Judge  Peck  issued  a 
rule  against  Stephen  W.  Foreman,  the  editor  and  publisher  of 
the  '  Missouri  Advocate,  and,  St.  Louis  Inquirer/  commanding 
him  to  appear  on  the  next  morning,  and  show  cause  why  an 
attachment  should  not  issue  against  him  for  a  contempt  of 
court.  The  language  of  this  rule  is  unmistakable,  and  discloses 
the  source  of  the  whole  proceeding.  In  it  the  judge  declares 
himself  to  be  satisfied  that  the  article  signed  '  A  Citizen/  con 
tained  '  a  false  statement '  of  a  judicial  decision  delivered  by 
him  in  the  case  of  Sowlard  against  the  United  States.  He  was 
not  only  satisfied  in  the  first  instance  of  the  falsity  of  the  state 
ment,  but  that  it  tended  '  to  bring  odium  on  the  court,  and  to 
impair  the  confidence  of  the  public  in  the  purity  of  its  decisions.' 

"  In  the  circumstances  in  which  the  judge  was  placed  after 
he  had  determined  to  proceed,  what  ought  to  have  been  his 
course  ?  He  ought  to  have  expressed  no  opinion,  but  merely 
called  the  editor  before  him  on  a  general  rule  to  show  cause 
why  he  should  not  be  attached  for  the  publication.  But  before 
Mr.  Foreman  came  before  the  court,  or  one  word  had  been 
uttered  in  his  defence,  nay,  before  the  issuing  of  the  rule  against 
him,  the  respondent  had  prejudged  the  cause.  He  had  deter 
mined  the  publication  to  be  'a  false  statement,  tending  to 
bring  odium  upon  the  court,  and  to  impair  the  confidence  of  the 
public  in  the  purity  of  its  decisions/  'and  this  prejudication  he 
grafted  into  the  rule.  *  *  *  * 


120  .LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

"A  rule  is  made  upon  Mr.  Lawless  to  appear  forthwith. 
That  which  was  bad  enough  in  the  first  rule  now  becomes 
much  worse.  '  The  false  statement '  in  it  is  now  magnified  into 
'  false  and  malicious  statements.'  The  tendency  of  the  article 
is  not  now  merely  stated  as  in  the  first  rule,  but  the  author 
himself  is  charged  with  an  '  intent  by  its  publication,'  to  im 
pair  the  public  confidence  in  the  upright  intentions  of  the  said 
court,  and  to  bring  odium  upon  the  court,  and  especially  with 
intent  to  impress  the  public  mind,  and  particularly  many  liti 
gants  in  this  court,  that  they  are  not  to  expect  justice  in  the 
causes  now  pending  therein,  and  with  intent  further  to  awaken 
hostile  and  angry  feelings  on  the  part  of  the  said  litigants 
against  the  said  court,  in  contempt  of  the  said  court.'  The 
conclusion  of  this  rule  is  a  still  greater  outrage.  It  calls  upon 
Mr.  Lawless  '  forthwith '  to  '  show  cause  why  he  should  not  be 
suspended  from  practising  in  this  court,  as  an  attorney  and 
counsellor  therein,  for  the  said  contempt  and  evil  intent.7 
Without  one  moment's  delay  he  is  called  upon  to  answer,  why 
he  shall  not  be  deprived  of  the  exercise  of  that  profession  on 
which  he  and  his  family  depended  for  existence.  It  is  not 
merely  why  he  should  not  be  fined  and  imprisoned  for  a  con 
tempt,  but  this  mild,  placid,  dovelike  judge,  as  he  has  been 
represented,  dictates  also  a  rule  against  Mr.  Lawless,  to  show 
cause  forthwith  why  in  effect  his  wife  and  children  should  not 
be  made  beggars. 

"  What  1  Is  there  any  precedent  of  a  proceeding  like  this  ? 
Had  the  judge  but  taken  time  to  refer  to  2  PetersdorfPs 
Abridgement,  the  book  which  he  has  cited  here,  he  would  have 
found  that  a  rule  upon  an  attorney  to  show  cause  why  he 
shall  not  be  stricken  from  the  roll,  is  a  very  different  matter 
from  an  attachment.  But  his  vengeance  could  not  tarry.  He 
was  eager  to  inflict  the  double  punishment  of  consigning  Mr. 
Lawless  to  disgrace,  by  sending  him  to  the  common  prison,  and 
depriving  him  of  the  power  of  practising  his  profession  so  long 
as  this  land  court  should  endure  •  and  yet  we  have  been  talk- 


HIS    SPEECH.  121 

ing  about  the  quo  ammo  of  this  transaction,  and  whether  the 
whole  might  not  have  proceeded  from  a  pure  and  disinterested, 
if  not  from  a  benevolent,  motive.  A  picture  has  been  presented 
to  us  of  a  man  filled  with  the  very  milk  of  human  kindness, 
with  a  heart  pure,  tender,  and  guileless  as  a  child  of  three 
years  old,  and  whose  whole  conduct  has  been  so  correct  as  to 
win  for  him  the  warm  friendship  of  the  counsel  who  last 
addressed  you  on  behalf  of  the  respondent.  Of  Mr.  Lawless 
I  will  here  take  occasion  to  say  what  I  believe  to  be  strictly 
just  ;  I  profess  no  friendship  for  him,  for  my  friendships  are 
not  quite  so  sudden  ;  but  from  what  I  have  seen  of  him  (which 
has  not  been  very  much),  he  has  exhibited  the  model  of  an 
Irish  gentleman.  That  he  has  failings,  I  have  uo  doubt ;  I 
believe  he  has,  but  they  proceed  from  the  ardor  and  intensity 
of  his  feelings — feelings  which  belong  to  the  brave  and  gallant 
nation  from  which  he  springs.  He  may  be  hasty  and  impetu 
ous,  but  a  braver  or  a  warmer  heart  beats  not  in  human  bosom. 
I  admire  and  respect  him,  and  am  so  much  his  friend,  that  I 
wish  to  see  him  have  justice,  and  so  far  as  God  shall  give  me 
ability,  every  effort  of  my  mind  shall  be  directed  to  the  attain 
ment  of  that  object. 

"  On  the  26th  May,  1824,  the  act  passed,  enabling  the  Dis 
trict  Court  of  the  United  States  for  the  State  of  Missouri,  to 
try  the  validity  of  those  Spanish  land  claims.  It  required  all 
claims  to  be  presented  to  the  court  within  two  years.  Any 
claim  thus  presented  and  not  decided  within  three  years  after 
the  passage  of  the  act  '  on  account  of  the  neglect  or  delay  of 
the  claimant,'  was  forever  barred.  The  claims  were  to  be  filed 
before  the  26th  May,  1826,  and  to  be  decided  before  26th 
May,  1827.  To  suspend  Mr.  Lawless  for  eighteen  months, 
from  21st  April,  1826,  was  to  banish  him  forever  from  that 
court,  if  the  law  had  not  been  afterwards  extended. 

"  Some  evidence  has  been  given,  but  for  what  purpose  I  can 
not  conceive,  unless  to  mortify  the  feelings  of  Mr.  Lawless,  that 
he  had  but  little  business  in  the  court,  excepting  that  arising 

6 


122  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

from  the  land  claims.  Be  it  so.  He  had  devoted  the  whole 
energy  of  his  mind  to  the  investigation  of  the  Spanish  laws 
and  customs,  and  of  the  treaties  relating  to  these  land  titles. 
He  naturally  became  concerned  for  most  of  the  claimants,  and 
interested  in  their  claims.  They  were  that  on  which  he  rested 
his  hopes  of  fortune  Under  this  circumstance  this  judge 
called  upon  him  to  show  cause  forthwith  why  he  should  not  be 
deprived  of  the  opportunity  of  prosecuting  any  of  these  claims, 
and  thus  in  fact  lose  nearly  all  his  practice.  Most  truly  may 
he  be  said  to  have  been  foredoomed.  But  we  are  told  that  the 
'  judge  did  grant  him  a  delay  until  the  afternoon.  This  is  most 
true.  He  actually  extended  the  rule  for  half  a  day,  to  enable 
him  to  attend  to  some  urgent  business  in  another  court. 

"  After  all  these  indications  of  the  judge's  feelings,  what 
could  we  expect  from  the  trial  itself  ?  Could  it  have  been  any 
thing  but  what  it  was,  an  outrage  on  the  Constitution  and 
laws  of  the  country  ?  It  was  then  high  time  for  Mr.  Lawless 
to  take  his  stand.  He  then  resolved  upon  his  course,  and  to 
that  resolution  he  stood  firm  and  steadfast.  As  an  American 
citizen,  I  rejoice  at  the  determination  which  he  exhibited. 
After  his  argument  in  behalf  of  the  printer  had  been  overruled 
with  contumely,  after  he  had  been  publicly  insulted,  and  his 
character  traduced,  he  acted  as  a  man  ought  to  have  acted. 
Hitherto  I  have  yielded,  but  henceforward  I  move  not  a  step. 
I  put  it  to  each  member  of  this  court,  whether  it  was  not  such 
a  determination  as  he  himself  would  have  made  ?  Mr.  Lawless 
felt  as  he  ought  to  have  felt.  He  thQn  gave  instructions  to 
his  counsel  to  make  no  apology.  The  time  for  apology  was 
over.  When  arguing  the  question  for  the  printer  before  the 
judge,  who  then  well  knew  that  the  article  was  written  by 
Mr.  Lawless,  he  repeatedly  declared  that  the  author  had  no  in 
tention  to  offend  the  court.  These  declarations  were  all  made 
in  vain  ;  and  the  judge  had  exhibited  such  a  spirit,  that  when 
he  was  called  upon  to  answer  in  his  own  person,  he  felt  it  to 
be  his  duty  to  stand  upon  his  rights  as  a  man  and  as  a  citizen. 


HIS    SPEECH.  123 

"  The  trial  commenced  on  Thursday  afternoon,  and  how  ?  Mr. 
Magenis  took  up  the  article  and  attempted  to  prove  that  it  con 
tained  no  misrepresentation  of  the  opinion.  The  judge  immedi 
ately  cried  out,  '  Stop,  sir,  that  question  has  been  already  fully 
argued,  and  decided  on  the  rule  against  the  printer.  I  shall  hear 
nothing  further  upon  that  point.'  But  had  it  been  fully  argued  ? 
No.  Mr.  Lawless  had  indeed  attempted  to  argue  it,  but  he  had 
been  interrupted  and  insulted  at  every  step,  until  he  became 
embarrassed,  and  sat  down  in  despair  before  his  argument  was 
completed.  And  how  had  the  question  been  decided  ?  It  is 
true  the  argument  had  been  immediately  overruled,  but  no 
opinion  was  given.  Besides,  this  was  on  the  rule  against  Mr. 
Foreman.  Was  not  the  rule  against  Foreman  distinct  from 
the  rule  against  Lawless  ?  Was  it  the  same  cause  ?  Foreman 
had  purged  himself  of  the  contempt  and  been  discharged.  Mr. 
Lawless  was  now  the  accused.  Here  was  a  new  rule  against  a 
new  man,  the  old  one  having  been  dismissed.  Upon  this  new 
charge,  Mr.  Lawless  had  a  constitutional  right  to  be  heard  by 
counsel.  Yet  this  judge  determined  that  his  opinion  should 
remain  a  mystery — that  it  should  not  be  analyzed  and  exposed 
to  vulgar  gaze.  He  stopped  Mr.  Magenis,  arid  would  not 
allow  him  to  utter  one  word  for  his  friend  upon  that  point, 
which  was  all  important  for  his  defence  against  the  prosecu 
tion.  .  Has  any  case  ever  occurred  in  the  United  States,  where, 
upon  the  trial  of  a  criminal  offence,  such  a  high-handed  course 
was  attempted  ? 

"But  why  should  the  judge  have  considered  one  question  as 
open  and  the  other  not  so  ?  The  counsel  were  not  prohibited 
from  arguing  the  question  of  jurisdiction.  They  were  allowed 
to  show  that  the  proceedings  of  the  court  were  unlawful  and 
violated  the  Constitution,  though  these  topics  had  been  dis 
cussed  on  the  former  rule  both  by  Mr.  Lawless  and  Mr.  Geyer. 
These  were  still  held  to  be  open  points  ;  but  when  the  opinion, 
the  sacred  opinion  was  approached,  the  judge  cries  out,  '  For 
bear  I  You  must  not  touch  this  monumentum  sere  perennius. 


.  124  LIFE   AND    SERVICES   OF   JAMES    BUCHANAN. 

You  may  argue  as  long  as  you  think  proper  to  show  that  I  am 
trampling  upon  the  Constitution,  and  violating  the  dearest 
rights  of  an  American  citizen — that  point  is  still  open — but 
the  opinion — do  not  venture  to  discuss  it ;  that  door  is  forever 
closed.' 

"  Mr.  Magenis  and  Mr.  Geyer  now  argued  the  same  ques 
tions,  which  the  latter  had  argued  on  the  rule  against  the 
printer.  Mr.  Geyer  came  better  prepared  to  press  his  points 
.than  he  had  been  before,  and  Judge  Wash  tells  us  his  argu 
ment  was  methodically  logical  and  well  digested.  Colonel 
Strather  then  rose  and  began  to  violate  his  instructions  by 
making  an  apology  for  the  article.  He  was  stopped  and 
privately  requested  to  take  his  seat.  One  of  the  counsel  (Mr. 
Meredith)  asked  Mr.  Geyer  'what  ground  of  argument  was 
Colonel  Strather  taking  when  you  interrupted  him  V  The 
answer  was,  '  He  was  taking  none,  as  I  thought.  I  considered 
him  as  making  rather  an  apology  than  an  argument.  It  was 
on  that  account  that  he  was  interrupted.'  I  shall  never  forget 
the  air  and  the  manner  with  which  Mr.  Geyer  declared  in  the 
conclusion  of  his  testimony  that  he  thought  it  not  a  case  for 
apology. 

"  Whether  there  was  now  a  short  recess  of  the  court  is 
uncertain.  On  this  point  the  evidence  is  contradictory. 

"  A  spectacle  was  afterwards  presented,  such  as  I  trust  will 
never  again  be  witnessed  in  any  part  of  these  United  States. 
The  judge  took  off  his  goggles  and  bound  up  his  eyes.  God 
knows  I  do  not  attribute  this  weakness  of  his  eyesight  to  him 
as  a  fault.  I  am  sorry  for  his  misfortune.  But  such  was  the 
fact.  He  sat  upon  the  bench  blindfold.  Mr.  Bates,  the  District 
Attorney,  was  then  called  upon  to  read  the  article  of  Mr.  Law 
less,  paragraph  by  paragraph,  and  on  each  as  it  was  read  the 
judge  commented.  And  such  comments  !  And  that  too  from 
a  court  of  justice  !  Such  was  the  impression  made  on  the 
bystanders,  that  one  of  the  witnesses  tells  us,  that  among  the 
multitude  which  thronged  the  court,  he  did  not  hear  a  single 


ins  SPEECH.  125 

man  say  the  judge  was  doing  right.  Mr.  Lawless,  meanwhile, 
sat  silent  and  submissive.  He  uttered  not  a  word.  He  only 
showed  by  the  flush  upon  his  countenance  the  indignant  feel 
ings  which  were  struggling  in  his  heart.  He  remained  until  he 
could  endure  it  no  longer.  But  before  he  left  the  court-house, 
he  consulted  with  his  counsel,  whether  his  withdrawal  could  be 
construed  into  a  contempt.  What  was  the  answer  ?  Either 
that  he  was  not  obliged  to  remain  there  and  hear  himself 
abused,  or  listen  to  such  a  torrent  of  abuse.  It  is  stated  in  both 
ways  by  witnesses. 

"  As  the  judge  proceeded  he  became  more  violent.  Judge 
Wash,  his  leading  witness,  admits  that  he  '  spoke  in  strong 
terms  of  the  publication.'  He  used  the  words  'false'  and 
'  malicious.'  He  frequently  used  expressions  of  this  kind,  '  that 
is  wholly  unfounded/  '  this  is  clearly  false  and  without  founda 
tion,  except  in  the  malice  of  the  author  ;'  and  he  says  that 
remarks  like  these  occurred  throughout  the  whole  course  of  the 
analysis  of  the  publication.  They  were  not  merely  occasional 
bursts  of  passion,  but  it  was  a  steady  current  of  malicious  and 
abusive  language.  The  epithets  used  were  very  various.  The 
words  '  false,'  '  scandalous,'  '  libellous,'  '  unfounded,'  '  slander 
ous,'  '  calumniator,'  were  all  used  over  and  over  again  in  the 
course  of  this  harangue,  which  lasted  for  about  two  hours.  We 
may  form  some  faint  idea  of  what  must  have  been  its  tenor  and 
spirit,  from  the  expression  used  by  the  judge  in  his  answer  to 
the  article  of  impeachment.  The  terms  embodied  in  that 
document  have  left  a  lasting  monument  to  posterity  of  the 
temper  and  feeling  under  which  this  American  judge  must  have 
acted. 

4  The  Rev.  Mr.  Horrall,  a  gentleman  who  was  merely  passing 
by  accident  and  had  never  been  in  the  court  before,  and  whose 
high  character  places  him  above  all  suspicion,  says,  that  the 
judge  appeared  to  be  under  vehement  excitement.  He  used 
the  words  '  slanderer,'  '  falsehood,'  and  *  misrepresentation,'  and 
the  witness  thought  he  intended  to  apply  these  epithets  to  the 


126  LIFE  AND    SERVICES    OF    JAMES    BUCHANAN. 

author  of  the  publication.  But  why  need  I  enumerate  all  the 
witnesses  who  have  given  testimony  of  a  similar  character  ?  As 
if  to  cap  the  climax  of  abuse,  the  judge  declared  that  such  a 
calumniator  as  the  author  of  the  article,  had  he  lived  in  China, 
would  have  had  his  house  blackened,  as  an  emblem  of  the  black 
ness  of  his  heart.  Even  Judge  Peck  himself  could  go  no  fur 
ther.  A  large  majority  of  the  witnesses  state  the  expression  in 
this  or  a  similar  manner.  Two  or  three  of  them,  however,  say 
that  the  terms  used  were  not  directly  and  personally  applied  to 
Mr.  Lawless,  but  they  were  used  by  the  judge  as  an  illustra 
tion  of  his  argument.  In  every  material  part  of  their  testimony, 
however,  there  is  no  disagreement.  Whether  the  one  or  the 
other  version  be  the  truth,  there  can  be  no  doubt  but  that  it 
was  the  judge's  intention  the  audience  should  point  to  Mr. 
Lawless  as  the  black-hearted  calumniator  whom  he  had 
described.  Now  I  ask  one  and  all  of  the  members  of  this 
court,  whether,  in  the  course  of  their  experience,  they  have  ever 
known  a  man  convicted,  even  of  murder,  and  brought  before  the 
court  for  his  final  sentence,  to  receive  anything  like  such  a  cruel 
and  inhuman  taunt,  as  that  the  very  house  in  which  he  lived 
ought  to  be  painted  black,  as  an  emblem  of  the  blackness  of  his 
heart. 

"  I  may  be  wrong  in  another  particular.  I  have  inquired  of 
many  learned  men  whether  they  had  ever  heard  or  read  of  such 
a  custom  in  China  as  that  to  which  the  judge  has  adverted, 
and  the  answer  of  them  all  has  been  in  the  negative.  I  may  be 
displaying  my  own  ignorance,  but  I  have  certainly  never  met 
with  anything  of  the  kind.  The  gentlemen  on  the  other  side 
have  referred  us  to  no  book  asserting  the  existence  of  such  a 
custom.  Still  I  might  not  be  warranted  in  applying  to  Judge 
Peck  the  language  which  he  use  to  Mr.  Lawless,  and  pronounc 
ing  this  Chinese  custom  to  be  without  any  foundation,  except  in 
his  own  malice. 

"  When  the  dearest  rights  of  an  American  citizen  are  at 
stake,  I  will  not  stoop  to  answer  such  observations  as  have 


HIS    SPEECH.  127 

been  made  by  one  of  the  gentlemen  on  this  part  of  the  case. 
What,  sir,  when  this  court  is  solemnly  engaged  in  investigating 
an  outrage  committed  against  the  liberties  of  this  country,  shall 
we  suffer  our  attention  to  be  led  away  to  a  farcical  scene  in  a 
play  of  Kotzebue  ?  Do  gentlemen  believe  they  can  laugh  out 
of  court  a  fact,  which  every  man  who  has  a  heart  must  feel  to 
have  been  the  extremest  aggravation  of  insult  and  cruelty  ?  Sir, 
under  such  circumstances,  wit  is  out  of  place  ;  and  if,  feeling 
strongly  and  as  I  think  justly,  I  did  often  repeat  the  same  ques 
tion  to  the  different  witnesses,  I  did  not  expect  to  be  treated 
with  a  sneer." 

Mr.  WIRT. — "  The  remark  to  which  the  gentleman  seems  to 
allude,  was,  I  can  assure  him,  perfectly  sportive  in  its  charac 
ter,  and  that  nothing  like  a  sneer  on  the  gentleman  was  thought 
of  or  intended." 

"  If  so,  I  retract  the  remarks  to  which  it  gave  rise. 

"It  is  scarcely  necessary  to  waste  a  word  upon  the  question 
whether  Judge  Peck  was  in  a  passion  whilst  he  was  delivering 
this  opinion  against  Mr.  Lawless.  All  the  circumstances  of  the 
case  prove  that  he  must  have  been.  The  mass  of  the  testimony 
establishes  the  fact  that  he  was  vehement  and  excited  to  a 
degree  beyond  what  the  witnesses  had  ever  seen  him.  Both 
Mr.  Geyer  and  Judge  Wash  declare  that  they  had  never 
observed  the  judge's  manner  to  be  so  impassioned  as  on  this 
occasion.  Whether  he  was  in  a  passion  or  not  is  wholly  imma 
terial  ;  but  were  it  otherwise,  the  fact  has  been  clearly  estab 
lished.  His  passion  is  some  little  extenuation  of  his  guilt.  Had 
done  what  he  did  coolly  and  deliberately,  the  evidence  of  his 
malignity  would  have  presented  a  still  darker  hue. 

"  I  have  now  come  to  the  last  scene,  an  attachment  issued 
against  Mr.  Lawless.  He  was  brought  into  court  in  custody  of 
the  marshal.  The  judge  then,  with  a  good  deal  of  formality 
(to  use  the  language  of  Judge  Wash),  asked  him  if  he  wished  to 
have  interrogatories  exhibited,  and  whether  he  would  answer 
them  if  they  were  exhibited  ?  To  which  he  replied  that  he  did 


128  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

not  require  any  interrogatories  to  be  propounded,  and  if  they 
were  he  would  not  answer  them. 

"  Now,  sir,  after  the  judge  had  occupied  about  two  hours  in 
proving  that  the  article  of  Mr.  Lawless  was  false,  scandalous 
and  malicious — that  it  had  no  foundation  except  in  his  own 
malice — and  that  its  character  was  so  infamous  that  even  in 
China  the  man  who  could  write  it  would  have  his  house 
painted  black  to  denote  the  blackness  of  his  heart,  and  to  warn 
the  public  against  him  ;  after  he  had  thus  held  Mr.  Lawless  up 
before  the  assembled  multitude,  he  asks  him  whether  he  will 
not  answer  interrogatories,  and  purge  himself  upon  oath  of  the 
contempt.  Sir,  had  he  consented  to  answer  them  under  such 
circumstances  the  certificate  of  his  naturalization  which  he  had 
exhibited  with  a  decent  pride  before  this  court  ought  to  be 
destroyed,  and  the  man  who  could  have  so  disgraced  it  ought 
to  be  driven  back  to  the  country  from  which  he  came  there  to 
crouch  and  fawn  before  a  lordly  arjstocracy.  But  no,  sir,  the 
spirit  of  his  '  father-land '  beat  high  in  his  bosom  : — a  spirit 
which  the  impression  of  centuries  had  not  been  able  to  subdue. 
I  trust  and  believe  that  rather  than  submit  to  such  wantonness 
of  tyranny,  he  would  have  yielded  up  his  life  as  a  sacrifice.  Yet 
a  gentleman  whose  name  I  believe  is  Carr,  has  told  us  that  he 
thought  at  the  time  Mr.  Lawless  refused  to  answer  the  interro 
gatories,  there  was  something  contemptuous  in  his  manner,  and 
the  witness  has  illustrated  by  exhibiting  to  the  Senate  the  pos 
ture  in  which  Mr.  Lawless  stood.  He  was  asked  whether  Mr. 
Lawless  had  used  any  disrespectful  language,  and  the  reply  was 
that  his  language  was  perfectly  respectful,  but  there  was  a 
something  in  his  manner  which  did  not  accord  with  that  respect, 
which  from  the  pre-conceived  notions  of  the  witness  he  thought 
due  to  judicial  dignity.  * 

"  I  put  it  to  the  heart  of  every  member  of  this  most  digni 
fied  court  to  say,  whether  under  such  aggravations  he  would 
have  answered  interrogatories  ?  Did  not  the  Constitution  pro 
tect  Mr.  Lawless  ?  Was  it  not  his  right  to  refuse  to  be  sworn 


HIS    SPEECH.  129 

in  a  prosecution  against  himself  ?  Yet  we  have  been  told  that 
for  his  refusal  to  answer  he  was  imprisoned  twenty-four  hours, 
and  that  until  he  had  refused,  it  was  the  judge's  intention  to 
inflict  no  other  punishment  but  that  of  a  suspension  from  prac 
tice.  Here  then  we  have  presented  to  our  view  an  attempt 
made  by  an  American  judge  to  compel  an  American  citizen  to 
be  a  witness  against  himself,  and  for  no  other  crime  but  be 
cause  he  stood  upon  his  constitutional  rights,  and  determined 
that  he  would  not  be  sworn,  we  see  him  doomed  to  imprison 
ment  long  enough  to  brand  him  with  disgrace  so  far  as  this 
could  be  inflicted  by  such  a  sentence. 

"When  Mr.  Lawless  was  called  upon  to  answer  interroga 
tories,  we  are  informed  he  was  a  good  deal  agitated.  After  his 
refusal,  he  read  a  paper  to  the  court  which  he  desired  might  be 
entered  upon  the  record,  That  paper  is  in  the  folio  v  ing  lan 
guage  :— 

'In  the  District  Court  for  the  District  of  Missouri,  sitting  at  St. 

Louis,  on  the.  21st  day  of  April,  1826,  for  the  decision  of  land 

titles. 

THE  UNITED  STATES    } 

vs.  [• 

L.  E.  LAWLESS.  ) 

'Be  it  remembered,  that  on  the  day  and  year  aforesaid,  "  the 
said  court  called  upon  the  said  defendant  to  know  whether  if 
there  were  interrogatories  filed  in  this  cause  he  would  answer 
them,  which  the  said  defendant  declined  for  the  following 
reasons,  which  he  assigned  to  said  court  in  the  words  following  • 
First — I  refuse  to  answer  the  above  interrogatories,  because 
this  court  has  no  jurisdiction  of  the  offence  charged  upon  me, 
in  manner  and  form  as  the  court  has  proceeded  against  me. 
Second — the  positions  ascribed  in  the  article  signed,  '  A  Citizen ' 
are  true  and  fairly  inferred,  and  extracted  from  the  opinion  of 
this  court  in  the  case  of  Soulard's  Widow  and  Heirs  vs.  The 
United  States,  as  published." 

6* 


130  LIFE   AND   SEE  VICES   OF   JAMES   BUCHANAN. 

"  To  this  request  (I  use  the  language  of  Judge  Wash), 
the  judge  answered  that  it  could  not  be  put  on  the  record,  and 
that  if  it  were  it  would  answer  no  purpose,  or  something  of  that 
kind.  On  which  Mr.  Lawless  remarked,  it  was  of  no  great  con 
sequence,  and  then  threw  the  paper  down  and  "seated  himself. 
Mr  Magenis  then  took  up  the  paper,  and  asked  the  judge 
whether,  if  it  should  be  signed  by  the  bystanders,  he  would  per 
mit  it  to  go  on  the  record  ?  The  judge  appeared  to  me  to  hesi 
tate,  and  seemed  for  some  time  at  a  loss,  and  then  replied,  it 
would  answer  no  purpose,  and  could  not  go  on  the  record  in  that 
shape  either.  Whether  this  paper  was  called  a  bill  of  excep 
tions,  or  what  name  was  given  to  it,  the  witness  could  not  say. 

"  I  have  been  thus  particular  in  stating  this  transaction  from 
the  lips  of  the  principal  witness  of  the  respondent,  because  it  has 
been  much  relied  upon  both  by  him  and  by  his  counsel.  But 
with  what  justice,  let  Judge  Wash  himself  determine.  The 
following  question  was  propounded  to  him  by  the  court : — 
*  When  Col.  Lawless  read  the  paper  which  had  been  called  a  bill 
of  exceptions,  was  it  pronounced  by  the  judge,  or  supposed  by 
you,  to  be  intended  as  a  new  contempt  ?'  To  which  he  answered, 
'  I  never  regarded  it  in  that  light,  nor  was  anything  said  by  the 
court,  that  I  remember,  which  induced  me  to  believe  that  the 
court  so  regarded  it.' 

"  Let  me  make  a  few  observations  in  explanation  of  this  part 
of  the  case.  We  have  seen  that  under  the  law  of  Missouri  a 
writ  of  error  is  allowed  in  cases  of  contempt,  and  the  judges  of 
the  Court  of  Error  may  suspend  the  execution,  of  the  sentence  by 
a  supersedeas.  Mr.  Lawless,  therefore,  in  the  hurry  and  con 
fusion  of  the  moment,  must  have  thought  that  he  might  derive 
some  benefit  before  a  superior  court,  from  having  this  paper 
placed  upon  the  record.  It  never  occurred  to  any  of  the  wit 
nesses  at  the  time  that  the  reading  of  it  was  a  contempt,  and 
we  have  the  oath  of  Mr.  Lawless  that  he  had  no  such  intention. 

"  Another  regular  practice  prevails  under  the  laws  of  Mis 
souri,  which  they  have  borrowed  from  Kentucky.  When  a 


HIS   SPEECEt.  131 

judge  refuses  to  sign  a  bill  of  exceptions,  the  party  may  appeal 
to  the  bystanders  for  their  signatures.  Mr.  Magenis  must  have 
had  this  in  view,  when  he  asked  the  court  if  they  would  permit 
the  paper  to  go  upon  the  record,  if  it  were  signed  by  the  by 
standers.  Upon  this  proposition  the  judge  doubted.  He  at 
first  hesitated,  and  seemed  to  be  at  a  loss  how  to  decide.  But 
at  all  events,  both  the  testimony  of  Judge  Wash  and  Mr. 
Magenis  prove  conclusively  that  no  insult  to  the  judge  was  either 
given  or  intended  by  this  proceeding, 

"  The  judge,  without  further  delay,  pronounced  the  fatal  sen 
tence  against  Mr.  Lawless  of  imprisonment  of  twenty-four  hours, 
and  a  forfeiture  of  his  means  of  a  livelihood  for  eighteen  months 

"  Was  not  this  '  a  cruel  and  unusual  punishment  V  Does  it 
not  violate  an  express  provision  of  the  Constitution  ?  Why 
should  he  not  have  been  satisfied  with  the  infliction  of  a  fine  ? 
Why  not  punish  Mr.  Lawless  through  his  'pocket  ?  It  is  not 
pretended  that  he  had  before  ever  shown  any  want  of  respect 
for  that  court.  This  was  the  first  instance.  Even  if  the  judge 
had  possessed  the  power,  a  fine  of  $50  or  $100  would  have 
answered  every  purpose  of  punishment,  and  would  have  been 
sufficient  to  warn  others  against  offending  in  like  manner.  This, 
in  every  point  of  view,  would  have  been  infinitely  better.  But 
no  !  Mr.  Lawless  must  be  disgraced.  He  must  be  sent  to  gaol. 
He  must  never  again  appear  in  that  court  as  the  advocate  of 
any  of  the  land  claims,  to  acquire  a  thorough  knowledge  of  which 
he  had  devoted  several  of  the  best  years  of  his  life.  I  ask  one  and 
all  of  you  to  consider  seriously  the  nature  and  extent  of  this 
punishment,  and  the  provocation.  Can  it  have  proceeded  from 
a  pure  motive  and  virtuous  intention  ?  Was  it  merely  to  vin 
dicate  the  character  of  the  court  ?  the  honor  of  the  judiciary  ? 

"  But  the  vindictive  feeling  which  urged  the  judge  to  inflict 
this  punishment  had  not  cooled  even  twenty-two  months  after. 
Mr.  Lawless  then  went  from  his  home  at  St.  Louis  to  attend 
the  session  of  the  District  Court  at  Jefferson  City,  a  distance  of 
140  miles.  He  was  there  comparatively  a  stranger.  When  he 


132  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

modestly  presented  himself  for  admission,  the  judge  immediately 
asked,  in  open  conrt,  whether  the  period  of  his  suspension  had 
expired.  Is  there  a  man  within  the  sound  of  my  voice  who  can 
for  one  moment  suppose  that  the  judge  asked  the  question  for 
the  sake  of  information  ?  Can  that  be  possible  ?  The  punish 
ment  of  Mr.  Lawless  was  an  era  in  his  life  ;  it  was  engraved 
upon  his  memory,  and  will  remain  there  forever.  Yet  several 
months  after  this  suspension  had  expired,  when  Mr.  Lawless  in 
a  strange  place,  and  before  a  multitude  of  people  to  whom  he 
was  unknown,  asked  for  admission,  he  is  treated  with  indignity. 
Judge  Peck  deemed  it  necessary,  and  becoming  his  judicial 
character,  to  inform  the  multitude  that  be  had  affixed  a  stigma 
upon  this  man. 

"  There  is  another  circumstance  to  which  I  must  advert  before 
I  conclude.  A  witness  by  the  name  of  Walker  has  been  exam 
ined.  His  testimony  would  never  have  been  admitted  by  the 
court,  save  on  the  principle  that  it  might  tend  to  show  the  feel 
ings  of  Mr.  Lawless,  and  thus  prove  that  he  was  a  prejudiced 
witness.  Having  been  received  upon  this  ground,  it  was  after 
wards  used  by  the  counsel  for  a  totally  different  purpose.  After 
Mr.  Lawless  had  been  goaded  by  oppression  into  madness,  and 
was  actuated  by  those  feelings  which  naturally  belong  to  an 
injured  and  suffering  man,  the  intemperate  language  which 
oppression  provoked  and  extorted  from  him  has  been  gravely 
urged  as  an  argument  to  justify  his  oppression.  The  effect  has 
been  relied  upon  to  justify  the  cause. 

"Mr.  Walker  met  Mr.  Lawless  in  his  garden  in  the  spring 
after  his  suspension  and  imprisonment.  Every  object  around 
was  calculated  to  remind  him  of  the  punishment  he  had  en 
dured  and  was  still  enduring.  Whilst  showing  Mr.  Walker  his 
improvements,  he  spoke  of  the  hardship  of  his  suspension.  He 
observed,  that  it  had  done  him  much  injury,  and  interfered 
essentially  with  his  business.  But  for  it,  he  said,  his  improve 
ments  would  have  been  in  a  more  advanced  state.  In  the  very 
bitterness  of  his  soul,  however,  he  was  unwilling  to  take  any 


HIS    SPEECH.  133 

unmanly  advantage  of  Judge  Peck.  He  exclaimed,  that  if  the 
judge,  after  his  eyesight  should  be  restored,  would  meet  him  in 
the  field  of  honor  (of  false  honor,  I  admit),  'he  would  let 
him  oSf  from  going  to  Washington.'  This  language  wrung 
from  him  in  his  own  garden,  is  brought  here  by  Mr.  Walker, 
who  was  subpoenaed  to  prove  it,  and  this  is  the  manner  in 
which  the  respondent  has  been  defended.  Sir,  no  act  of  the 
life  of  Mr.  Lawless  subsequent  to  the  punishment  inflicted  upon 
him  can  be  proper  evidence  in  this  case,  but  I  am  astonished, 
considering  the  well  known  ardor  of  his  temperament,  that 
they  have  not  been  able  to  prove  more  declarations  of  a  similar 
character.  I  have  not  a  doubt,  but  that  he  has  a  thousand 
times  expressed  the  most  indignant  feeling  of  his  persecution 

"  I  have  now  nearly  done  with  this  case  ;  and  in  conclusion, 
I  shall  strongly  express  what  I  strongly  feel.  I  do  most  solemn 
ly  believe,  if  this  judge  shall  escape  punishment,  the  descrip 
tion  which  has  often  been  contemptuously  applied  to  the  power 
of  impeachment,  that  it  is  but  the  scare-crow  of  the  Constitu 
tion,  will  be  hereafter  strictly  just.  But  the  acquittal  of  this 
man  may  have  a  still  worse  effect.  If  the  power  of  impeach 
ment  presents  no  prospect  to  the  people  of  removing  an  arbi 
trary  and  tyrannical  judge,  what  will  be  the  consequences  ? 
They  will  soon  begin  to  inquire  whether  the  judicial  office  ought 
not  to  be  limited  to  a  term  of  years  ;  at  the  commence 
ment  of  this  trial  I  should  have  shrunk  with  horror  from  such 
a  proposition.  But  if  there  be  no  other  alternative — if  the 
people  must  either  be  cursed  during  a  long  life  with  an 
arbitrary  and  oppressive  judge  who  has  trampled  upon  their 
rights,  or  the  Constitution  must  be  so  amended  as  to  limit  the 
term  of  office  of  the  inferior  judges,  I  should  choose  the  last 
alternative,  as  the  least  of  two  very  great  evils.  I  say  the 
inferior  judges.  God  forbid  that  ever  such  a  provision  should 
extend  to  the  judges  of  the  Supreme  Court  of  the  United 
States. 

11  Impressed  with  a  solemn  belief  of  the  respondent's  guilt,  I 


134:  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

now  respectfully  ask  his  conviction.  I  have  no  regrets  to 
express,  no  apologies  to  offer  for  the  part  which  I  have  taken 
upon  this  trial.  I  have  been  acting  in  an  office  wholly  un 
sought  by  myself  and  ungrateful  to  my  feelings,  but  yet  I 
enjoy  the  proud  consciousness  of  reflecting,  that  I  have  done  my 
duty  ;  I  have  urged  the  respondent's  conviction  with  no  feeling 
of  personal  animosity,  but  in  the  strong  belief,  that  mercy  to 
him  will  be  cruelty  to  the  American  people.  I  ask  for  his 
conviction  in  the  name  of  the  Judiciary,  whose  pure  character 
he  has  sullied,  and  whose  independence  he  has  endangered.  I 
ask  for  it  in  the  name  of  the  people  of  the  United  States,  whose 
Constitution  and  laws  he  has  violated  by  tyranny  and  oppres 
sion.  Should  he  be  acquitted,  I  shall  bow  with  the  most  pro 
found  respect  to  the  judgment  of  this  Court,  but  I  shall  never 
cease  to  believe,  that  it  will  establish  a  precedent  dangerous  in 
the  extreme  to  the  rights  aijd  liberties  of  the  American  peo 
ple." 

The  counsel  of  Judge  Peck  contended,  in  opposition  to  the 
arguments  of  the  prosecution,  that  the  article  published  by  Mr. 
Lawless  was  a  gross  and  palpable  misrepresentation  of  his 
opinion,  and  calculated  to  bring  his  court  into  disrespect. 
That  he  had  given  Mr.  Lawless  every  opportunity  to  defend 
himself  and  to  purge  himself  of  all  intentional  disrespect,  but 
that  he  refused  to  do  so,  and  even  reasserted  the  truth  of  his 
publication.  They  contended,  that  a  contempt  had  been  com 
mitted,  and  that  the  judge  was  right  in  asserting  the  authority 
and  dignity  of  his  court  as  he  had  done.  The  Senate  refused 
to  impeach  Judge  Peck,  by  a  vote  of  twenty-one  for  bringing 
him  in  guilty,  to  twenty-two  for  not  guilty.  Whatever  may 
have  been  the  peculiar  circumstances  of  the  case  which  thus 
induced  the  Senate  to  decide,  it  is  very  evident,  if  Mr.  Lawless 
was  not  justifiable  in  publishing  the  very  temperate  and  consider 
ate  article  he  did,  there  are  scores  of  individuals  now  who 
might  be  committed  for  contempts  of  judicial  decisions,  with  ten- 


HIS    SPEECH.  135 

fold  more  reason  than  the  unlucky  advocate  of  the  St.  Louis 
bar.  The  Senate,  however,  although  refusing  to  impeach 
Judge  Peck,  shortly  after,  almost  unanimously  passed  an  act 
obviating  whatever  technical  objections  then  stood  in  the  way 
of  his  conviction,  and  placed  the  law  on  such  a  basis,  that  no 
judge  has  since  ventured  to  punish  a  person  upon  so  frivolous 
a  pretext. 

At  the  close  of  this  session,  March  3d,  1831,  Mr.  Buchanan 
voluntarily  retired  from  Congress,  of  which  he  had  now  been  a 
constant  member  since  the  4th  of  March,  1821. 


136  LIFE   AND    SEEYICES   OF  JAMES   BUCHANAN. 


CHAPTER  VIII. 
j 

Mr.  Buchanan's  Ten  Years  in  Congress — New  Issues — Opposition  to  Sectionalism — 
Defence  of  the  Freedom  of  the  Press — Mission  to  Russia — Election  to  the  United 
States  Senate. 

TEN  successive  years  of  active  service  in  the  popular  branch 
of  the  national  legislature,  necessarily  gives  a  man  a  thorough 
acquaintance  with  the  details  of  legislation,  and  if  he  be  an 
individual  of  even  ordinary  sagacity,  he  must  be  qualified  for 
more  responsible  positions.  But  if  he  unite  to  a  vigorous  mind 
an  originality  of  conception  and  an  independence  of  thought, 
which  make  him  a  man  whose  influence  is  felt,  whose  presence 
is  observed,  and  whose  absence  is  lamented,  we  may  conclude 
that  such  a  man  is  destined  to  occupy  something  beyond  a  cir 
cumscribed  reputation  in  his  country.  It  is  not  too  much  to  say 
that  Mr.  Buchanan  has  won  his  present  position  in  the  affec 
tions  of  the  American  people  by  the  laborious  industry  of  a 
long  life  devoted  to  their  interests,  and  by  the  possession  of 
those  qualities  both  of  head  and  heart,  which  have  qualified 
him  for  retaining  in  so  remarkable  a  degree  their  confidence, 
and  in  discharging  with  so  much  acceptance  the  responsible 
duties  with  which  he  has  been  entrusted.  A  brief  review  of 
his  early  Congressional  career,  a  mere  outline  of  which  we  have 
only  been  able  to  give  in  the  preceding  chapters,  will  illustrate 
more  forcibly  than  words  the  truth  of  what  we  say.  He 
entered  Congress  at  a  period  when  party  lines  were  not  drawn 
with  that  rigid  exactness  which  has  marked  political  life  since 
that  time.  Mr.  Monroe  had  just  been  elevated  a  second  time 


HIS   TEN   YEARS   IN   CONGRESS. 

to  the  presidential  chair  by  the  almost  unanimous  consent  of 
the  electors  of  all  the  States.  The  federal  party  had  been 
dissolved  immediately  after  the  war  of  1812,  and  political 
issues  had  not  yet  again  assumed  a  definite  form.  New  issues 
were  arising,  which  it  became  every  one  to  meet.  What  men 
had  been  previously  was  of  no  consequence,  if  they  now  should 
prove  true  to  democratic  principles  in  the  new  era  which  the 
progress  of  our  national  government  was  inaugurating.  Unlike  a 
despotism,  where  everything  is  governed  by  the  voice  of  one 
man,  we  cannot  expect  that  quietness  and  calmness  where  the 
conflicting  forces  of  truth  and  error  have  fair  play  and  every 
opportunity  to  combat  each  other. 

Jefferson  had  fought  one  great  battle  for  democratic  institu 
tions,  and  his  enemies  had  sought  refuge  in  annihilation,  or 
what  was  the  next  thing  to  it,  had  denied  their  name.  They 
were  now  coalescing  under  new  leaders,  and  marshalling  their 
forces  to  come  forth  and  give  battle  to  the  friends  of  demo 
cracy,  under  other  names  and  upon  other  questions.  The  first 
measure,  as  we  have  seen,  which  they  brought  up,  was  a  bank 
rupt  bill,  or,  in  other  words,  an  act  declaring  that  a  man  need 
not  pay  his  honest  debts.  A  measure  more  unjust,  more  un 
fair,  or  more  inimical  to  the  whole  spirit  and  tenor  of  our  insti 
tutions  can  scarcely  be  conceived.  Let  those  who  accuse  Air. 
Buchanan  of  federalism  read  the  noble  speech  of  his  upon  this 
iniquitous  measure.  Upon  his  very  first  entrance  into  Congress 
we  find  him  battling  for  the  cause  of  equal  rights — for  special 
privileges  to  none,  and  for  justice  to  all  ;  and  opposing  this  bill 
with  all  the  power  of  his  logic,  and  with  all  the  ability  which 
his  distinguished  talents  could  bring  to  the  consideration  of  the 
subject. 

Even  upon  the  question  of  internal  improvements,  then  not 
yet  definitely  settled,  as  regards  the  constitutional  principle  in 
volved  in  them,  we  find  him  instinctively  adhering  to  the  demo 
cratic  doctrine  of  strict  interpretation,  and  when  Mr.  Monroe's 
great  message  on  this  subject  appeared,  he  had  only  to  acknow 


138  LIFE   AND    SERVICES   OF   JAMES   BUCHANAJSL 

ledge  it  as  an  endorsement  of  his  own  preconceived  opinions. 
On  the  question  of  the  tariff  we  find  him  with  Gen.  Jackson 
and  the  democracy  generally,  denying  the  right  of  Congress 
to  levy  duties  except  for  revenue,  but  willing  to  grant,  in  levy 
ing  such  duties,  that  incidental  protection  which  would  be  bene 
ficial  to  the  industry  of  the  country,  and  not  calculated  to  ad 
vance  special  interests  to  the  injury  of  the  general  welfare.  As 
early  as  1823  we  find  him  a  foe  to  sectional  strife,  and  an 
enemy  to  that  spirit  which  seeks  the  destruction  of  our  Con 
stitution,  that  it  may  rule  over  its  ruins.  Ambition  never  so 
far  enticed  him  from  the  path  of  rectitude  as  to  enable  him  to 
contemplate  the  overthrow  of  this  government,  which  had  re 
quired  so  much  blood  and  treasure  to  establish,  without  the  most 
painful  emotions.  He  was  born  too  near  the  era  when  the  noble 
spirit  of  republican  freedom  took  its  rise,  and  had  caught  some 
what  of  its  holy  inspiration  from  the  lingering  patriots  of  the 
revolution.  More  than  thirty  years  ago  he  solemnly  promised 
"  that  he  should  forever  avoid  any  expression,  the  direct  ten 
dency  of  which  must  be  to  create  sectional  jealousies,  sectional 
divisions,  and  at  length,  disunion,  that  worst  and  last  of  all 
political  calamities."  And  who  shall  say  that  James  Buchanan 
has  not  been  faithful  to  this  promise,  made  when  he  was  a 
young  man,  on  the  floor  of  the  House  of  Eepresentatives  ? 
Let  the  captious  fault-finder  search  his  life,  and  he  will — he 
must  come  to  the  conclusion,  that  for  steady  devotion  to  this 
sentiment,  he  stands  before  the  country  a  model  of  consistency. 
Whatever  may  be  the  opinion  of  even  his  enemies  in  other  re 
spects,  they  must  award  him  this  praise.  It  is  no  trifling  boast, 
therefore,  to  make,  that  in  all  that  has  been  said  by  different 
parties  to  produce  irritation  between  different  sections  of  our 
country,  no  one  can  charge  that  one  word  has  ever  been  uttered 
by  James  Buchanan.  It  is  only  proper  to  say,  however,  that  no 
man  in  the  midst  of  the  excited  discussions  which  have  occurred 
for  a  quarter  of  a  century,  could  have  achieved  this  result 
merely  from  a  settled  design.  It  must  have  originated,  as  all 


DEFENCE  OF  THE  FREEDOM  OF  THE  PKESS.     139 

who  know  Mr.  Buchanan  will  testify,  from  his  personal  charac 
ter,  from  that  rigid  sense  of  justice  to  all,  and  of  devoted  love 
for  the  institutions  of  his  country,  which  is  emphatically  a  part 
of  his  very  nature. 

Following  his  career  in  Congress  a  little  further,  we  find 
him  in  1826  expounding  in  an  able  speech  of  two  days  in 
length,  the  whole  range  of  our  judicial  system,  going  into  all 
minor  details  of  legal  formulae,  and  evincing  an  acquaintance 
with  jurisprudence  which  would  have  done  credit  to  lawyers 
of  twice  his  age.  On  the  mission  to  Panama  he  delivers  a 
speech  full  of  the  most  patriotic  Americanism,  and  taking  a 
survey  of  the  importance  of  the  tropical  regions  of  the  Gulf 
of  Mexico  to  this  country,  which  seems  at  this  day  like  the 
vision  of  the  prophet  penetrating  futurity.  Time  has  only 
served  to  confirm  the  truth  of  his  statements,  and  yet  we  have 
some  persons  even  yet,  venerable  fossils,  who  do  not  see  the 
commercial  and  military  value  of  "  the  gem  of  the  Antilles." 

Finally,  as  an  appropriate  close  to  his  representative  career, 
we  see  him  selected  as  chairman  of  the  Board  of  Managers, 
among  whom  such  names  as  McDume,  Wickliffe,  and  Spencer 
stand  prominent,  to  conduct  the  impeachment  of  a  high  judi 
cial  functionary  at  the  bar  of  the  Senate  of  the  United  States. 
There  he  ranks  second  to  none  in  the  ability  and  vigor  with 
which  he  supports  the  freedom  of  the  press  and  the  rights  of 
the  people.  Indeed,  through  his  whole  ten  years  in  the  House 
of  Representatives,  we  find  him  upon  all  occasions  the  defender 
of  popular  rights,  the  upholder  of  democratic  doctrine,  and  the 
enemy  of  those  who  would  turn  the  government  into  a  machine 
for  plundering  instead  of  protecting  the  people. 

Shortly  after  Mr.  Buchanan's  voluntary  retirement  from  Con 
gress,  he  was  honored  by  President  Jackson  with  the  appoint 
ment  of  minister  to  Russia.  How  he  filled  this  distinguished 
position  the  records  of  the  State  Department  will  show.  His 
diplomatic  life  was  marked  by  the  same  scrupulous  regard  for 
duty,  and  the  same  careful  concern  for  the  interests  of  his 


140  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

country.  Among  other  valuable  services  which  he  performed 
for  his  country  while  on  that  mission,  was  the  negotiation  with 
Count  Nesselrode  on  the  part  of  the  Czar,  of  the  first  commer 
cial  treaty  between  Russia  and  the  United  States,  by  which 
valuable  advantages  were  secured  for  our-  commerce  in  the 
Baltic  and  Black  Seas.  In  this  connection  it  may  not  be  im 
proper  to  refer  to  the  testimony  of  the  venerable  Judge  Wil- 
kins,  his  successor  at  St.  Petersburg,  formerly  Secretary  of 
War,  senator  in  Congress,  &c.,  as  to  the  effect  that  Mr.  Bu 
chanan  produced  in  Russia  in  favor  of  his  country.  On  a  recent 
occasion  the  judge  remarked  :  "  He  had  been  associated  with 
him,  and  had  always  had  the  highest  respect  for  him  as  a 
citizen — as  a  professional  man — and  as  a  statesman.  It  had 
been  his  honor  to  follow  in  his  footsteps.  He  had  traced  him 
through  Europe.  He  had  been  at  a  foreign  court,  after  Mr. 
Buchanan  had  represented  the  government  of  the  United  States 
there,  with  such  unsullied  and  pre-eminent  honor.  Walking  in 
his  footsteps,  many  thousand  miles  from  here,  he  could  see,  and 
plainly  trace,  the  high  respect  which  followed  every  official  act 
of  his,  and  the  whole  deportment  of  his  private  conduct. 
St.  Petersburg  was  full  of  admiration  for  the  American  states 
man  ;  and  so  effectually  did  he  perform  his  duties  there,  and  so 
effectually  did  he  endear  this  government  to  Russia,  and  so 
effectually  did  he  arrange  the  commercial  and  diplomatic  con 
cerns  of  the  two  countries,  that  he  left  nothiug  in  the  world  for 
him  (Mr.  Wilkins)  to  do  but  to  state  that  he  was  his  humble 
successor.  He  had  preoccupied  the  ground  and  filled  the 
demands  of  his  government." 

After  the  return  of  Mr.  Buchanan  from  Russia  in  1833,  he 
was  elected  to  fill  the  vacancy  in  the  United  States  Senate, 
caused  by  the  resignation  of  the  very  Judge  Wilkins  who  bears 
such  a  noble  and  voluntary  testimony  to  his  fidelity  to  duty. 
He  had  left  Congress  just  as  the  storm,  which  the  rigid  princi 
ples  Gen.  Jackson  inaugurated,  had  been  raised.  He  was  des- 


ELECTION   TO   THE   UNITED    STATES    SENATE.  141 

tined  to  return  to  the  theatre  of  his  duties  in  time  to  come,  to 
the  rescue  of  his  early  friend,  and  bear  a  part  in  the  memora 
ble  struggles  that  the  democracy  encountered  during  his  admin 
istration.  Mr.  Buchanan  left  Congress  just  at  the  breaking  out 
of  the  rupture  between  Mr.  Calhoun  and  Gen.  Jackson^vhich 
finally  produced  a  dissolution  of  the  Cabinet  and  much  imleling 
which  it  is  now  painful  to  contemplate.  The  great  battle  on 
the  renewal  of  the  charter  of  the  United  States  Bank  had  been 
fought  and  won  during  the  session  of  1831-32.  Mr.  Buchanan 
had  not  participated  in  the  struggle,  but  he  returned  in  time  to 
bear  an  honorable  part  in  maintaining  possession  of  the  field, 
and  in  fortifying  it  against  further  assaults. 


14:2  LIFE   AND   SERVICES   OF  JAMES    BUCHANAN. 


CHAPTEE    IX. 

« 

French  Reprisals — Executive  Patronage — Mr.  Clay  and  Mr.  Buchanan — Conclusion  of 
Twenty-third  Congress. 

ON  the  15th  of  December,  1834,  Mr.  Buchanan  took  his  seat 
in  the  Senate  of  the  United  States.  We  may  well  say  that  "  in 
those  days  there  were  giants'  in  the  land."  Among  the  distin 
guished  individuals,  now  numbered  with  the  dead,  whom  Mr. 
Buchanan  there  met,  were  Daniel  Webster,  Silas  Wright,  John 
C.  Calhoun,  and  Henry  Clay.  He  had  encountered  all  of  these 
before,  however,  in  the  popular  branch  of  the  national  legisla 
ture,  and  it  was  therefore  but  the  reunion  of  old  companions 
among  whom,  although  they  had  often  measured  their  strength 
in  manly  debate,  nothing  but  the  most  kindly  personal  feelings 
existed.  The  era  of  malignant  speeches,  of  crimination  and  re 
crimination,  had  not  yet  commenced.  Massachusetts  in  thoso 
days  delivered  eulogiums  upon  South  Carolina,  and  South  Caro 
lina,  with  the  natural  grace  of  her  chivalric  sons,  did  not  hesi 
tate  to  return  the  compliment.  Ttje  intercourse  which  should 
distinguish  gentlemen  was  not  only  strictly  observed,  but  each 
one  seemed  to  instinctively  feel  that  a  difference  in  education, 
habits  and  domestic  institutions  demanded  a  mutual  respect 
for  one  another's  feelings  which  no  excitement  should  allow  them 
to  disregard.  Unfortunately,  a  wretched  delusion  and  the  heat 
of  party  strife  has  now  nearly  destroyed  the  era  of  good  fellow 
ship,  and  has  placed  those  in  antagonistic  positions  who  have  no 
good  reason  to  be  anything  but  brothers.  It  is  to  be  hoped, 
however,  that  the  storm  which  for  thirty  years  has  been 


FRENCH   REPRISALS.  14:3 

gathering,  will  pass  away  without  injury  to  our  institutions, 
leaving  the  political  atmosphere  all  the  more  clear  and  trans 
parent  on  account  of  the  temporary  clouds  that  have  enveloped 
us. 

Almost  the  first  thing  of  national  importance  which  came 
before  Congress,  was  a  resolution  reported  by  Mr.  Cla^Tona 
the  committee  on  Foreign  Relations,  to  the  effect  that  it  was  inex 
pedient  to  pass  a  law  authorizing  the  President  to  make,  reprisals 
upon  French  property,  to  force  that  government  to  pay  the 
indemnity  stipulated  by  the  treaty  of  1831.  We  had  waited 
for  three  years  the  tardy  action  of  the  French  government  until 
the  claims  began  to  be  with  us  a  question  of  honor.  The  Pre 
sident  had  repeatedly  urged  our  demands  upon  the  attention  of 
France,  but  had  only  received  promises  which  had  never  been 
fulfilled.  At  the  risk,  therefore,  of  the  charge  of  desiring  to 
involve  the  two  countries  in  a  war,  he  believed  we  ought  to 
assert  our  rights  and  maintain  them,  as  the  very  safest  method 
even  to  avoid  a  conflict.  Mr.  Buchanan  ably  supported  this 
decidedly  American  view  of  the  subject.  In  the  course  of  some 
remarks  upon  the  resolution,  he  paid  a  handsome  compliment  to 
France,  declaring  "  that  she  was  a  brave  and  chivalrous  nation, 
whose  whole  history  proves  that  she  is  not  to  ^e  intimidated 
even  by  Europe  in  arms."  But  said  he,  "France  is  wise  as  well 
warlike  ;  and  to  inform  her  that  our  rights  must  be  asserted,  is 
to  place  her  in  the  serious  and  solemn  position  of  deciding 
whether  she  will,  for  the  sake  of -a  few  millions  of  francs,  resist 
the  payment  of  a  just  debt  by  force."  The  matter,  however, 
was  postponed  until  the  next  Session  of  Congress,  on  account 
of  the  meeting  of  the  French  Chamber  of  Deputies. 

Among  the  subjects  of  debate  before  the  Senate  at  this  ses 
sion,  was  "  Executive  Patronage."  Charges  of  the  most  indis 
criminate  and  wholesale  removals  from  office  had  been  brought 
against  General  Jackson,  and  Mr.  Clay  opened  upon  his  ancient 
enemy  with  all  the  force  and  power  which  the  batteries  of  his 
eloquence  could  furnish.  Mr.  Buchanan  delivered  his  speech 


144:  LIFE   AND    SERVICES   OF   JAMES    BUCHANAN. 

upon  the  subject  on  the  17th  of  February,  showing  the  power 
of  removal  from  office  was  an  indispensable  requisite  of  the 
executive  department  of  the  government,  without  which  it  could 
not  perform  the  duties  imposed  upon  it  by  the  Constitution. 
After  stating  the  plain  import  and  meaning  of  the  Constitution, 
Mr.Wichanan  observed  : 

"  But,  sir,  if  doubts  could  arise  on  the  language  of  the  Con 
stitution  itself,  then  it  would  become  proper,  for  the  purpose  of 
ascertaining  the  true  meaning  of  the  instrument,  to  retort  to 
arguments  ab  inconvenienti.  The  framers  of  the  Constitution 
never  intended  it  to  mean  what  would  be  absurd,  or  what  would 
defeat  the  very  purposes  which  it  was  intended  to  accomplish.  I 
think  I  can  prove  that  to  deprive  the  President  of  the  power 
of  removal  would  be  fatal  to  the  best  interests  of  the  country. 

"  And,  first,  the  Senate  cannot  always  be  in  session.  I  thank 
Heaven  for  that.  We  must  separate  and  attend  to  our  ordinary 
business.  It  is  necessary  for  a  healthy  political  Constitution  that 
we  should  breathe  the  fresh  and  pure  air  of  the  country.  The 
political  excitement  would  rise  too  high  if  it  were  not  cooled 
off  in  this  manner.  The  American  people  never  will  consent 
and  never  ought  to  consent,  that  our  sessions  shall  become  per 
petual.  The  framers  of  the  Constitution  never  intended  that 
this  should  be  the  case.  But  once  establish  the  principle  that 
the  Senate  must  consent  to  removals,  as  well  as  to  appoint 
ments,  and  this  consequence  is  inevitable.  A  foreign  minister  in 
a  remote  part  of  the  world  is  pursuing  a  course  dangerous  to 
the  best  interests,  and  ruinous  to  the  character,  of  the  country, 
He  is  disgracing  us  abroad  and  endangering  the  public  peace. 
He  has  been  intrusted  with  an  important  negotiation,  and  is  be 
traying  his  trust.  He  has  become  corrupt,  or  is  entirely  incom 
petent.  The  information  arrives  at  Washington,  three  or  four 
days  after  the  adjournment  of  Congress  on  the  3d  of  March. 
What  is  to  be  done  ?  is  the  President  entirely  powerless  until 
the  succeeding  December,  when  the  Senate  may  meet  again  ? 


EXECUTIVE   PATRONAGE.  145 

Shall  he  be  obliged  -to  await  until  the  mischief  is  entirely  con 
summated — until  the  country  is  ruined — before  he  can  recall 
the  corrupt  or  wicked  minister  ?  Or  will  any  gentleman  contend 
that,  upon  every  occasion,  when  a  removal  from  office  becomes 
necessary,  he  shall  call  the  senators  from  their  homes  throughout 
this  widely  extended  Republic  ?  And  yet  this  is  the  inevitable 
consequence  of  the  position  contended  for  by  gentlemen.  Could 
the  framers  of  the  Constitution  ever  have  intended  such  an  ab 
surdity  ?  This  argument  was  also  adverted  to  by  Mr.  Madison. 

"  But  again,  there  are  great  numbers  of  disbursing  officers 
scattered  over  this  Union.  Information  is  received,  during  the 
recess  of  the  Senate,  that  one  of  them  in  Arkansas  or  at  the 
Rocky  Mountains  has  been  guilty  of  peculation,  and  is  wast 
ing  the  public  money.  Must  the  President  fold  his  arms,  and 
suffer  him  to  proceed  in  his  fraudulent  course,  until  the  next 
meeting  of  the  Senate  ?  The  truth  is,  that  the  President  cannot 
execute  the  laws  of  the  Union  without  the  power  of  removal. 

"  But  cases  still  stronger  may  be  presented.  The  heads  of 
departments  are  the  confidential  advisers  of  the  President.  It 
is  chiefly  through  their  agency  that  he  must  conduct  the  great 
operations  of  governments.  Without  a  direct  control  over 
them,  it  would  be  impossible  for  him  to  take  care  that  the  laws 
should  be  faithfully  executed.  Suppose  that  one  of  them  dur 
ing  the  recess  of  the  Senate,  violates  his  instructions,  refuses  to 
hold  any  intercourse  with  the  President,  and  pursues  a  career 
which  he  believes  to  be  in  opposition  to  the  Constitution  of  the 
country.  Shall  the  executive  arms  be  paralyzed,  and  in  such 
a  case  must  he  presently  submit  to  all  these  evils  until  the 
Senate  can  be  convened  ?  In  time  of  war  the  country  might 
be  ruined  by  a  corrupt  Secretary  of  War,  before  the  Senate 
could  be  assembled. 

"  It  is  not  my  intention  on  this  occasion  to  discuss  the  ques 
tion  of  the  removal  of  the  deposits  from  the  Bank  of  the 
United  States.  I  merely  wish  to  present  it  as  a  forcible  illustra 
tion  of  my  argument.  Suppose  the  late  Secretary  of  the 

7* 


146  LIFE   AND   SEBVICES   OF  JAMES   BUCHANAN. 

Treasury  had  determined  to  remove  the  deposits,  and  the  Pre 
sident  had  believed  this  measure  would  be  as  ruinous  to  the 
country,  as  the  friends  of  the  bank  apprehended.  If  the 
secretary,  notwithstanding  the  remonstrances  of  the  President, 
had  proceeded  to  issue  the  order  for  their  removal,  what  should 
we  have  heard  from  those  who  were  loudest  in  their  denuncia 
tions  against  the  executive,  if  he  had  said,  my  arms  are  tied,  I 
have  no  power  to  arrest  the  act  ;  the  deposits  must  be 
removed,  because  I  cannot  remove  my  secretary  ?  Here  the 
evil  would  have  been  done  before  the  Senate  could  possibly  have 
been  assembled.  I  am  indebted  to  the  speech  of  the  senator 
from  South  Carolina  (Mr.  Calhoun)  at  the  last  session  for  this 
illustration.  The  truth  is  this,  view  the  subject  in  any  light  you 
may,  the  power  of  removal  is  in  its  nature  inseparable  from  the 
executive  power." 

The  proposal  of  Mr.  Clay  doubtless  originated  more  in  a 
dislike  to  Gen.  Jackson  than  to  a  really  candid  belief  that 
such  a  measure  as  he  proposed  could  or  would  be  beneficial 
to  the  interests  of  the  country.  To  deprive  the  President  of 
the  power  of  removal  from  office  would,  in  effect,  be  depriving 
him  of  his  executive  functions.  The  bill  was  finally  modified 
so  as  to  limit  the  term  of  office  of  certain  officers,  and  in  this 
form  passed  the  Senate.  The  decided  stand  which  Mr. 
Buchanan  took  against  this  bill  and  the  ardor  with  which  Mr. 
Clay  pressed  it,  brought  them  very  often  on  the  floor  of  the 
Senate  into  opposition  to  each  other.  They  both,  however, 
possessed  too  much  dignity  of  character  to  allow  themselves  to 
resort  to  anything  but  the  most  courteous  deportment  in  their 
public  intercourse,  which  was  as  honorable  and  manly  as  their 
private  relations  were  cordial  and  agreeable.  And  here  it  may 
be  remarked  that  Mr.  Clay  and  Mr.  Buchanan  were  always 
personal  friends,  notwithstanding  the  efforts  of  many  malicious 
persons  to^  produce  a  rupture.  During  the  debate  upon  this 
bill  there  occurred  one  of  those  agreeable  episodes  between 


ME.  CLAY   AND   MK.  BUCHANAN. 

them,  which  was  so  illustrative  of  their  intercourse.  Mr.  Clay, 
in  the  closing  portion  of  a  speech  denying  the  constitutional 
power  to  confer  upon  the  President  the  power  of  removal  from 
office  without  the  consent  of  the  Senate,  remarked,  "  that  when 
the  subject  should  be  resumed,  he  should  expect  to  see  (giving 
one  of  his  searching  glances  towards  the  friends  of  Gen. 
Jackson)  some  of  the  leaders  of  the  administration  party  come 
out,  with  book  in  hand,  and  show  the  text  for  this  tremendous 
power." 

Mr.  Buchanan,  who  presumed  he  was  meant,  replied,  "  I  am 
exceedingly  sorry,  Mr.  President,  that  the  senator  from  Ken 
tucky  appears  to  be  disposed  so  often  to  pay  his  compliments  to 
myself." 

Mr.  Clay  gracefully  disavowed  "  any  allusion  to  the  senator 
from  Pennsylvania." 

Mr.  Buchanan  remarked  that  "when  the  gentleman  spoke 
of  the  leaders  of  the  administration  party,  he  looked  at  me,  and 
I  understood  him  as  referring  to  me." 

"I  assure  the  gentleman,"  resumed  Mr.  Clay,  "I  had  no 
allusion  to  him  whatever.  I  might  look  at  him  as  he  looks  at 
me  sometimes  ;  but  I  think  at  the  time  I  spoke  of  the  leaders 
of  a  particular  party,  I  was  looking  rather  to  the  senator  from 
New  York  (Mr.  Wright)  than  to  him." 

Mr.  Buchanan  replied,  "  that  without  going  further  into  the 
question  of  who  the  gentleman  referred  to  in  his  remarks,  I 
will  state  that,  whenever  he  thinks  proper  to  take  up  the 
subject  and  attempt  to  prove  that  the  practice  under  which 
this  government  has  flourished  and  which  was  sustained  by 
Madison,  is  not  founded  in  reason  and  justice,  is  not  necessary 
for  the  proper  administration  of  the  government,  and  is  not 
consistent  with  the  Constitution,  then  I  will  be  ready  to  meet 
him." 

"  We  shall  meet,  then,"  said  Mr.  Clay,  with  admirable 
adroitness,  "  at  Philippi." 

The  Senate,  dignified  and  deliberate  as  it  was  in  the  trans- 


148  LIFE   AND   SERVICES   OF  JAMES  BUCHANAN. 

action  of  important  business,  was  not  always  without  its 
seasons  of  relaxation  and  even  amusement.  A  pleasant  scene 
occurred  during  the  present  session,  upon  the  reception  of  some 
presents  which  the  Emperor -of  Morocco  had  sent  to  the  Presi 
dent.  These  testimonials  of  royal  favor  consisted  of  two 
Arabian  horses  and  a  lion  ;  but  as  our  Constitution  does  not 
allow  the  Chief  Magistrate  to  receive  presents  from  a  foreign 
potentate,  some  disposition  had  to  be  made  of  the  munificence 
of  the  barbarian  prince.  A  resolution  had  been  reported  by  a 
committee  that  the  lion  and  horses  be  sold  by  public  auction. 
Mr.  Frelinghuysen,  the  present  venerable  President  of  Prince 
ton  College,  moved  "that  the  lion  be  presented  to  the  proprie 
tor  of  Peale's  Museum,  in  New  York,  and  that  the  horses  be 
given  to  some  agricultural  society." 

Mr.  Porter,  of  Louisiana,  "  objected  to  this,  as  New  York 
State  was  already  the  richest  in  the  Union.  He  would  givo 
the  lion  to  the  State  of  New  Jersey  if  the  gentleman  desired  it, 
but  thought  Louisiana  ought  to  have  the  horses." 

Mr.  Poindexter,  of  Mississipppi,  considering  our  delicate 
relations  with  France,  moved  "  that  the  lion  be  presented  to 
Louis  Philippe." 

Mr.  Buchanan  said  "  he  opposed  this  on  the  ground  that  it 
would  be  a  declaration  of  war." 

Mr.  Shipley,  of  Maine,  "  desired  to  know  where  the  gentle 
men  obtained  their  authority  in  the  Constitution  to  give  away 
the  property  of  the  United  States." 

Mr.  Frelinghuysen  replied,  "  that  this  question  could  be  best 
settled  on  the  principles  of  common  law.  In  order  to  legally 
dispose  of  property,  we  must  first  be  able  to  hold  it  ;  and  he 
did  not  see  how  we  could  hold  the  lion." 

A  resolution  was  finally  adopted,  authorizing  the  sale  of  the 
horses  by  public  auction,  and  the  presentation  of  his  kingly 
majesty,  the  lion,  to  such  person  or  persons  as  the  President 
might  designate. 

The   twenty-third   Congress   expired  oil  the  3d  of  March, 


CONCLUSION   OF   TWENTY-THIRD   CONGRESS.         14:9 

1835,  On  the  very  last  day  of  the  session  a  very  excited 
debate  occurred  upon  the  famous  "expunging  resolution" 
introduced  by  Mr.  Benton,  by  which  it  was  desired  to  expunge 
from  the  journal  of  the  Senate  a  resolution  adopted  in  March, 
1834,  censuring  Gen.  Jackson  for  removing  the  deposits  from 
the  United  States  Bank.  Mr.  Buchanan  participated  actively 
in  the  discussion,  and  voted  among  the  heroic  band  who  were 
determined  to  vindicate  Gen.  Jackson  on  the  floor  of  the  Senate 
from  the  odium  of  a  censure  which  had  been  the  offspring  of 
momentary  party  exasperation. 


150  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN". 


CHAPTEE   X. 

New  Aspect  of  the  Slavery  Question — Incendiary  Publications — Abolition  of  Slavery  in 
the  District  of  Columbia— Affairs  of  Texas— Sufferers  by  Great  Fire  in  New  York. 

THE  twenty-fourth  Congress  assembled  on  the  1th  of  Decem 
ber,  1835.  Among  the  new  members  who  made  their  appear 
ance  in  the  Senate  at  this  session  were  John  Davis,  of  Massa 
chusetts  ;  J.  J.  Crittenden  of  Kentucky  ;  and  Robert  J.  Walker, 
of  Mississippi.  Almost  the  first  thing  that  came  before  the 
Senate  was  the  subject  of  negro  slavery.  It  came  up  by  a  refer 
ence  in  the  message  of  Gen.  Jackson  in  regard  to  the  circulation 
by  the  United  States  mail,  of  incendiary  publications  designed 
to  excite  insurrection  in  the  Southern  States,  and  upon  memo 
rials  for  the  abolition  of  slavery  in  the  District  of  Columbia. 
The  question  was  then  in  most  of  its  aspects  a  new  one.  It 
had  been  before  Congress  previously,  but  simply  as  a  measure 
for  excluding  it  from  further  extension.  Now,  however,  the 
question  was  assuming  a  different  form.  It  had  come  from 
England,  like  most  of  our  errors,  covered  with  the  conquests  for 
"freedom"  it  had  there  made  under  the  lead  of  such  tories  as 
Wilberforce  and  Clarkson,  and  was  about  to  be  inaugurated  as 
an  element  in  our  society.  "  A  slave  could  not  breathe  in  Eng 
land  "  had  been  sung  by  her  poets,  and  repeated  by  her  orators, 
until  their  strains  for  freedom  had  actually  drowned  the  voices 
of  the  patriotic  "  sons  of  liberty"  who  in  1716  had  ridiculed  in 
poor  doggerel,  but  full  of  magnificent  patriotism,  the  tyranny  of 
George  the  Third,  and  his  unlucky  generals,  Burgoyne  and  Corn- 
wallis.  The  turning  of  a  few  negroes  loose  in  Jamaica,  to  go  back 
to  the  fetichisms  of  their  ancestors,  was  heralded  as  an  act  of 
devotion  to  the  cause  of  human  liberty  which  had  made  angels 


NEW   ASPECT   OF   THE    SLAVERY   QUESTION.  151 

glad,  and  produced  rapture  even  in  heaven.  The  reception  of 
this  abolition  exotic  in  our  country  was  at  first,  however,  cold 
and  disdainful.  Its  advocates  were  mobbed  as  readily  at  the 
North  as  they  would  now  be  at  the  South.  All  regarded  the 
doctrine  of  equality  with  negroes  with  something  like  indefinable 
horror  ;  and  although  the  general  sentiment  of  the  community, 
both  North  and  South,  at  that  day  was  opposition  to  negro 
slavery  in  the  abstract,  yet  anything  that  looked  like  placing 
white  men  and  negroes  upon  terms  of  social  and  legal  equality 
was  instinctively  rejected  as  outrageous  and  degrading.  There 
were  but  few  men  who  then  had  the  courage  to  call  them 
selves  abolitionists  ;  and  it  is  to  be  charitably  supposed  that 
those  who  did  brave  the  odium  of  the  charge  were  honest  in 
their  opinions,  and  actuated,  if  by  a  mistaken,  certainly  by  a  sin 
cere  desire  to  benefit  the  negro.  No  one  at  this  time  probably 
denied  the  injustice  of  negro  servitude  in  the  abstract.  The 
demonstration  of  the  incapacity  of  the  negro  race  to  retain  the 
advantages  of  civilization,  when  left  to  itself,  had  not  been 
afforded  by  the  results  of  British  emancipation  in  the  West 
Indies  ;  and  the  unwilling  conclusion  had  not  been  forced  upon 
the  minds  of  even  the  best  and  most  benevolent  men,  that  some 
legal  status  for  the  negro,  different  from  that  applied  to  white 
men,  is  absolutely  essential  for  the  welfare  of  every  society  where 
any  considerable  number  of  both  races  live  in  juxtaposition. 
Whatever,  though,  may  be  the  opinion  of  any  person  upon  this 
point,  the  constitutional  guarantees  between  the  States  are 
plain  and  explicit ;  and  while  Mr.  Buchanan  held  to  the  view 
of  the  time  in  regard  to  slavery  in  the  abstract,  yet  he  went  to 
the  utmost  limit  of  constitutional  power  in  protecting  the  South 
ern  States  from  what  was  then  thought  to  be  the  danger  of 
incendiary  publications. 

The  story  of  the  St.  Domingo '  massacres  which  had  been 
duly  told  by  British  historians,  and  ascribed  entirely  to  the 
negroes  (which,  if  we  may  now  believe  reliable  witnesses, 
were  like  the  atrocities  of  the  French  Revolution,  instigated 


152  LIFE  AND    SERVICES    OF   JAMES   BUCHANAN. 

by  British  agents),  had  created  a  profound  sensation  through 
out  the  Southern  States.  President  Jackson  had  recom 
mended  that  some  measures  be  taken  to  afford  the  South  such 
protection  as  seemed  proper.  Mr.  Buchanan,  in  the  debate  on 
the  subject,  said  he  would  be  willing  to  go  to  the  full  constitu 
tional  power  on  the  subject,  and  placed  his  advocacy  of  whatever 
measure  could  be  constitutionally  adopted  upon  the  ground  that, 
if  the  inflammatory  publications  and  pictorial  illustrations  refer 
red  to  were  calculated  to  excite  insurrection,  the  United  States 
ought  not  to  allow  its  agents  to  knowingly  be  guilty  of  circu 
lating  them  ;  otherwise  the  Constitution  formed  for  the  purpose 
of  insuring  domestic  tranquillity  becomes  an  agent  for  foment 
ing  discord — in  fact,  was  in  effect,  by  its  operation,  destroying 
itself,  and  instead  of  being  a  protection  for  the  common  defence, 
was  actually  the  worst  enemy  the  States  where  slavery  existed 
could  have.  If  the  danger  of  negro  insurrections  had  been  what 
it  was  supposed  to  be  at  that  time,  these  would  have  been  very 
just  and  proper  views  ;  but  a  more  extended  acquaintance  with 
negro  "slavery"  has  shown  that  no  society  which  treats  its 
negroes  with  any  proper  degree  of  humanity  need  ever  fear  an 
insurrection.  The  attachment  formed  by  these  faithful  and 
devoted  children  of  the  sun  to  their  masters,  gives  rise  to  no  more 
apprehensions  of  revolt  than  may  be  anticipated  .by  a  father  of  a 
family  among  his  children. 

The  abolition  of  slavery  in  the  District  of  Columbia  arose 
from  memorials  for  that  object  which  had  been  presented  by 
societies  of  Friends  in  different  portions  of  the  country.  These 
memorials  had  been  received  for  many  years  from  this  peculiar 
but  worthy  body  of  Christians,  and  had  given  rise  to  but  little 
or  no  debate.  Their  manifestoes  had  been  quietly  consigned  to 
the  tomb  of  the  Capulets,  and  the  public  business  duly  pro 
ceeded  with  ;  but  in  the  excited  state  of  public  feeling  which 
now  existed,  they  caused  a  long  and  animated  discussion.  Mr. 
Buchanan  met  the  question  in  the  outset  in  the  following  frank 
and  decided  manner  : 


ABOLITION   IN   THE   DISTRICT   OF   COLUMBIA.  153 

"What  is  now  asked  by  these  memorialists?  That  in  this 
District  of  ten  miles  square — a  District  carved  out  of  two  slave- 
holding  States,  and  surrounded  by  them  on  all  sides,  slavery 
shall  be  abolished  !  What  would  be  the  effects  of  granting 
their  request  ?  You  would  thus  erect  a  citadel  in  the  very 
hearts  of  these  States,  upon  a  territory  which  they  have  ceded 
to  you  for  a  far  different  purpose,  from  which  abolitionists  and 
incendiaries  could  securely  attack  the  peace  and  safety  of  their 
citizens.  You  establish  a  spot  within  the  slaveholding  States 
which  would  be  a  city  of  refuge  for  runaway  slaves.  You  create 
by  law  a  central  point  from  which  trains  of  gunpowder  may  be 
securely  laid,  extending  into  the  surrounding  States,  which  may 
at  any  moment  produce  a  fearful  and  destructive  explosion. 
By  passing  such  a  law,  you  introduce  the  enemy  into  the  very 
bosom  of  these  two  States,  and  afford  him  every  opportunity  to 
produce  a  servile  insurrection.  Is  there  any  reasonable  man 
who  can  for  one  moment  suppose  that  Virginia  and  Maryland 
would  have  ceded  the  District  of  Columbia  to  the  United  States, 
if  they  had  entertained  the  slightest  idea  that  Congress  would 
ever  use  it  for  any  such  purpose  ?  They  ceded  it  for  your  use, 
for  your  convenience,  and  not  for  their  own  destruction.  When 
slavery  ceases  to  exist  under  the  laws  of  Virginia  and  Maryland, 
then,  and  not  till  then,  ought  it  to  be  abolished  in  the  District 
of  Columbia." 

In  a  further  debate  upon  this  subject,  Mr.  Buchanan  more 
fully  stated  his  position  upon  the  question  as  follows  : — 

"  I  shall  now  proceed  to  defend  my  own  motion  from  the 
attacks  which  have  been  made  upon  it.  It  has  been  equally 
opposed  by  both  extremes.  I  have  not  found  upon  the  present 
occasion,  the  maxim  to  be  true,  that  '  in  media  tutissimus  ibis.' 
The  senator  from  Louisiana  (Mr.  Porter),  and  the  senator 
from  Massachusetts  (Mr.  Webster),  seem  both  to  believe  that 
little  if  any,  difference  exists  between  the  refusal  to  receive  a 

7* 


154  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

petition,  and  the  rejection  of  its  prayer  after  it  has  been  re 
ceived.  Indeed,  the  gentleman  from  Louisiana,  whom  I  am 
happy  to  call  my  friend,  says  he  can  see  no  difference  at 
all  between  those  motions.  At  the  moment  I  heard  this  remark 
I  was  inclined  to  believe  that  it  proceeded  from  that  confusion 
of  ideas  which  sometimes  exists  in  the  clearest  heads  of  that 
country  from  which  he  derives  his  origin,  and  from  which  I  am 
myself  proud  to  be  descended.  What,  sir  1  no  difference  be 
tween  refusing  to  receive  a  request  at  all,  and  actually  receiv 
ing  it  and  considering  it  respectfully,  and  afterwards  deciding, 
without  delay,  that  it  is  not  in  your  power  to  grant  it  1  There 
is  no  man  in  the  country  acquainted  with  the  meaning  of  the 
plainest  words  in  the  English  language,  who  will  not  recog 
nize  the  distinction  in  a  moment. 

"  If  a  constituent  of  that  gentleman  should  present  to  him  a 
written  request,  and  he  should  tell  him  to  go  about  his  business, 
and  take  his  paper  with  him,  that  he  would  not  have  anything 
to  do  with  him  or  it ;  this  would  be  to  refuse  to  receive  the 
petition. 

"On  the  other  hand,  if  the  gentleman  should  receive  this 
written  request  of  his  constituent,  read  it  over  carefully  and 
respectfully,  and  file  it  away  among  his  papers,  but,  finding  it 
was  of  an  unreasonable  or  dangerous  character,  he  should  in 
form  him,  without  taking  further  time  to  reflect  upon  it,  that 
the  case  was  a  plain  one,  and  that  he  could  not,  consistently 
with  what  he  believed  to  be  his  duty,  grant  the  request,  this 
would  be  to  reject  the  prayer  of  the  petition. 

"  There  is  as  much  difference  between  the  two  cases  as  there 
would  be  between  kicking  a  man  down  stairs  who  attempted  to 
enter  your  house,  and  receiving  him  politely,  examining  his 
request,  and  then  refusing  to  comply  with  it. 

"  It  has  been  suggested,  that  the  most  proper  course  would  be 
to  refer  his  petition  to  a  committee.  What  possible  good  can 
result  from  referring  it  ?  Is  there  a  senator  on  this  floor  who 
has  not  long  since  determined  whether  he  will  vote  to  abolish 


ABOLITION   IN   THE   DISTRICT    OF    COLUMBIA.  155 

slavery  in  the  District  or  not  ?  Does  any  gentleman  require  the 
report  of  a  committee,  in  order  to  enable  him  to  decide  this 
question  ?  Not  one. 

"By  granting  the  prayer  of  this  memorial,  as  I  observed  on 
a  former  occasion,  you  would  establish  a  magazine  of  gunpow 
der  here,  from  which  trains  might  be  laid  into  the  surrounding 
States  which  would  produce  fearful  explosions.  In  the  very 
heart  of  the  slaveholding  States  themselves  you  would  erect  an 
impregnable  citadel,  from  whence  the  abolitionists  might 
securely  spread  throughout  these  States  by  circulating  their 
incendiary  pamphlets  and  pictures,  the  seeds  of  disunion,  insur 
rection,  and  servile  war.  You  would  thus  take  advantage  of 
the  generous  confidence  of  Virginia  and  Maryland  in  ceding  to 
you  this  District,  without  expressly  forbidding  Congress  to 
abolish  slavery  here  whilst  it  exists  within  their  limits.  No 
man  can,  for  one  moment,  suppose  that  they  would  have  made 
this  upon  any  other  terms,  had  they  imagined  that  a  neces 
sity  could  ever  exist  for  such  a  restriction.  Whatever  may  bo 
my  opinion  of  the  power  of  Congress  under  the  Constitution,  to 
interfere  with  this  question  about  which  at  present  I  say  noth 
ing,  I  shall  as  steadily  and  as  sternly  oppose  its  exercise  as  if 
I  believed  no  such  power  to  exist. 

"  In  making  the  motion  now  before  the  Senate,  I  intended 
to  adopt  as  strong  a  measure  as  I  could,  consistently  with  the 
right  of  petition  and  a  proper  respect  for  the  petitioners.  I 
am  the  last  man  in  the  world  who  would  intentionally  treat 
these  respectable  constituents  of  my  own  with  disrespect.  I 
know  them  well,  and  prize  them  highly.  On  a  former  occasion, 
I  did  ample  justice  to  their  character.  I  deny  that  they  are 
abolitionists.  I  cannot,  however,  conceive  how  any  person 
could  have  supposed  that  it  was  disrespectful  to  them  to  refuse 
to  grant  their  prayer  in  the  first  instance,  and  not  disrespect 
ful  to  refuse  to  grant  it  after  their  memorial  had  been  referred 
to  a  committee.  In  the  first  case,  their  memorial  will  be  receiv 
ed  by  the  Senate,  and  will  be  filed  among  the  records  of  the 


156  LIFE    AND    SERVICES   OF   JAMES   BUCHANAN. 

country.  That  it  has  already  been  the  subject  of  sufficient 
deliberation  and  delbate,  that  it  has  already  occupied  a  due 
portion  of  the  time  of  the  Senate  cannot  be  doubted  or  denied. 
Every  one  acquainted  with  the  proceedings  of  our  courts  of 
justice  must  know  that  often,  very  often,  when  petitions  are 
presented  to  them,  the  request  is  refused  without  any  delay. 
This  is  always  done  in  a  plain  case  by  a  competent  judge.  And 
yet,  who  ever  heard  that  this  was  treating  the  petition  with 
disrespect  ?  In  order  to  be  respectful  to  these  memorialists, 
must  we  go  through  the  unmeaning  form  in  this  case  of  refer 
ring  the  memorial  to  a  committee,  and  pretending  to  deliber 
ate,  when  we  are  now  all  fully  prepared  to  decide  ? 

"  I  repeat,  too,  that  I  intended  to  make  as  strong  a  motion 
in  this  case  as  the  circumstances  would  justify.  It  is  neces 
sary  that  we  should  use  every  constitutional  effort  to  suppress 
the  agitation  which  now  disturbs  the  land.  This  is  necessary, 
as  much  for  the  happiness  and  future  prospects  of  the  slave  as 
for  the  security  of  the  master.  Before  this  storm  began  to 
rage,  the  laws  in  regard  to  slaves  had  been  really  ameliorated 
by  the  slave-holding  States  ;  they  enjoyed  many  privileges 
which  were  unknown  in  former  times.  In  some  of  the  slave 
States  prospective  and  gradual  emancipation  was  publicly  and 
seriously  discussed.  But  now,  thanks  to  the  efforts  of  the 
abolitionists,  the  slaves  have  been  deprived  of  these  privileges, 
and,  whilst  the  integrity  of  the  Union  is  endangered,  their 
prospect  of  final  emancipation  is  delayed  to  an  indefinite  period. 
To  leave  this  question  where  the  Constitution  has  left  it,  to  the 
slaveholding  States  themselves,  is  equally  dictated  by  a  humane 
regard  for  the  slaves  as  well  as  for  their  masters." 

During  this  session  there  was  much  discussion  in  regard  to  the 
affairs  of  Texas.  This  gallant  State  was  then  passing  through 
its  battle  for  independence,  and  Santa  Anna  with  all  the  pom 
posity  of  his  nature  was  endeavoring  to  compel  his  revolted 
province  to  return  to  its  ancient  allegiance.  Mr.  Buchanan  was 


AFFAIRS   IN   TEXAS.  157 

one  of  its  earliest,  most  devoted  friends  and  defenders.  It  was 
an  odium  then  to  sympathize  with  the  heroic  men  who  were 
rescuing  the  fair  plains  of  Texas  from  the  curse  of  Spanish- 
American  despotism,  and  consecrating  them  to  the  genius  of 
American  liberty,  and  a  man  ran  the  risk  of  being  called  "  a 
friend  of  adventurers,"  "  a  filibuster,77  and  other  opprobrious 
epithets  which  have  fortunately  ceased  to  frighten  those  lovers 
of  free  institutions,  who  patriotically  wish  to  see  all  nations  en 
joy  the  same  blessing  of  civil  and  religious  liberty  which  have 
made  our  country  the  pride  of  its  citizens,  and  the  terror  of  ty 
rants  everywhere.  Mr.  Buchanan  in  the  debate  upon  the  affairs 
of  Texas  had  early  and  nobly  stated  his  sympathy  with  the 
heroic  band  struggling  for  liberty  : 

"  In  regard  to  Mexico,  Mr.  B.  said,  he  looked  upon  Santa  Anna 
as  a  usurper.  The  federal  Constitution,  established-  for  the 
republic  of  Mexico,  and  which  Texas  as  a  part  of  that  repub 
lic,  had  sworn  to  support,  had  been  trampled  on  by  him  ;  Texas, 
in  his  eyes,  and  in  the  eyes  of  all  mankind,  was  justified  in 
rebelling  against  him.  Whether  the  Texans  acted  consistently 
with  a  true  policy  at  the  time,  in  declaring  their  independence, 
he  should  not  discuss,  nor  should  he  decide  ;  but  as  a  man  and 
an  American,  he  should  be  rejoiced  to  see  them  successful  in 
maintaining  their  liberties,  and  he  trusted  in  God  they  would  be 
so.  ]5e  would,  however,  leave  them  to  rely  on  their  own  brave 
ry,  with  every  hope  and  prayer  that  the  God  of  battles  would 
shield  them  with  His  protection. 

"  If  Santa  Anna  excited  the  Indians  within  our  territory  to 
deeds  of  massacre  and  blood  ;  if  he  should  excite  a  spirit 
among  them  which  he  cannot  restrain  ;  and  if,  in  consequence 
the  blood  of  our  women  and  children  on  the  frontiers  shall  flow, 
he  undoubtedly  ought  to  be  held  responsible.  Mr.  Buchanan 
saw  a  strong  necessity  for  sending  a  force  to  the  frontiers,  not 
only  to  restrain  the  natural  disposition  of  the  Indians  to  deeds 
of  violence,  but  because  they  could  place  no  confidence  in  a  man 


158  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

who  had  so  little  command  of  his  temper,  who  had  shown  so 
cruel  and  sanguinary  a  disposition  as  Santa  Anna  had.  He  was 
for  having  a  force  speedily  sent  to  that  frontier,  and  a  force 
of  mounted  men  or  dragoons,  as  suggested  by  the  Senator  from 
Missouri  (Mr.  Linn) ;  but  he  was  against  interfering  in  the  war 
now  raging  in  Texas,  unless  an  attack  should  be  made  on  us/ 

In  a  more  elaborate  speech  upon  the  same  subject  on  the  9th 
of  May,  1836,  Mr.  Buchanan  said  : 

"  In  some  remarks  which  he  had  submitted  to  the  Senate  a 
few  days  since,  and  which,  like  all  other  proceedings  in  this 
body,  had  been  much  misrepresented  abroad,  he  had  indulged 
the  feelings  of  a  man  and  an  American.  What  he  then  had 
uttered  were  the  sentiments  of  his  heart  in  relation  to  the  exist, 
ing  struggle  in  Texas.  But  as  to  the  independence  of  that  coun 
try,  he  thought  it  prudent  to  refer  back  to  the  conduct  of  our 
ancestors,  when  placed  in  similar  circumstances,  and  to  derive 
lessons  of  wisdom  from  their  example.  If  there  was  any  one 
principle  of  our  public  policy  which  had  been  well  settled — one 
which  had  been  acted  upon  by  every  administration,  and  which 
had  met  the  approbation  not  only  of  this  country,  but  of  every 
civilized  government  with  which  we  have  intercourse — it  was, 
that  we  should  never  interfere  in  the  domestic  concerns  of  other 
nations.  Recognizing  in  the  people  of  every  nation  the  absolute 
right  to  adopt  such  form  of  government  as  they  thought  proper, 
we  have  always  preserved  the  strictest  neutrality  between  the 
parties  in  every  country,  whilst  engaged  in  civil  war.  We  have 
left  all  nations  perfectly  free,  so  far  as  we  are  concerned,  to 
establish,  to  maintain  or  to  change  their  forms  of  government, 
according  to  their  own  sovereign  will  and  pleasure. 

"  It  would  indeed  be  surprising,  and  more  than  this  it 
would  be  unnatural,  if  the  sympathies  of  the  American  people 
should  not  be  deeply,  earnestly  enlisted  in  favor  of  those  who 
drew  the  sword  for  liberty  throughout  the  world,  no  matter 


AFFAIRS    IN   TEXAS.  159 

where  it  was  to  strike.  Beyond  this  we  had  never  proceeded. 
The  peaceful  influence  of  our  example  upon  other  nations  is 
much  greater.  The  cause  of  free  government  is  thus  more 
efficiently  promoted  than  if  we  should  waste  the  blood  and 
treasure  of  the  people  of  the  United  States  in  foreign  wars, 
waged  even  to  maintain  the  sacred  cause  of  liberty.  The  world 
must  be  persuaded — it  cannot  be  conquered.  Besides  we  can 
never,  with  any  proper  regard  for  the  welfare  of  our  consti 
tuents,  devote  their  energies  and  their  resources  to  the  cause  of 
planting  and  sustaining  free  institutions  among  the  people  of 
other  nations. 

"  Acting  upon  these  principles,  we  have  always  recognized 
existing  governments,  or  governments  de  facto,  whether  they 
were  constitutional  or  despotic.  We  have  the  same  amicable 
relations  with  despotisms  as  with  free  governments,  because  we 
liave  no  right  to  quarrel  with  the  people  of  any  nation  on 
account  of  the  form  of  their  government  which  they  may  think 
proper  to  adopt  or  to  sanction.  It  is  their  affair — not  ours. 
We  should  not  tolerate  such  interference  from  abroad,  and  we 
ought  to  demean  ourselves  towards  foreign  nations  as  we  should 
require  them  to  act  towards  ourselves. 

"  A  very  striking  illustration  of  this  principle  has  been  pre 
sented  during  the  present  administration,  in  the  case  of  Portu 
gal.  We  recognized  Don  Miguel's  government,  because  he 
was  de  facto  in  possession  of  the  throne,  apparently  with  the 
consent  of  the  Portuguese  people.  In  this  respect  Mr.  B.  be 
iieved  we  stood  alone,  or  nearly  alone,  among  the  nations  of 
the  earth.  When  he  was  expelled  from  that  country,  and  the 
present  queen  seemed  firmly  seated  upon  the  throne,  we  had 
no  difficulty  in  pursuing  our  established  policy  in  recognizing 
her  government 

"  A  still  more  striking  case,  and  one  to  the  very  point  in 
question,  had  occurred  during  Mr.  Monroe's  administration 
The  Spanish  provinces  throughout  the  whole  continent  of 
America  had  raised  the  standard  of  rebellion  against  the  king 


160  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

of  Spain  ;  they  were  struggling  for  liberty  against  oppression. 
The  feelings  of  the  American  people  vere  devotedly  enlisted 
in  their  favor.  Our  ardent  wishes  and  our  prayers  for  their 
success  continued  throughout  the  whole  long  and  bloody  con 
flict  ;  but  we  took  no  other  part  in  their  cause,  and  we  ren 
dered  them  no  assistance  except  the  strong  moral  influence  ex 
cited  over  the  world  by  our  well  known  feelings  and  opinions 
in  their  favor.  When  did  we  recognize  their  independence  ? 
Not  till  they  had  achieved  it  by  their  arms  ;  not  until  the  con 
test  was  over,  and  victory  had  perched  upon  their  banners  ;  not 
until  the  good  fight  had  been  fought  and  won.  We  then  led 
the  van  in  acknowledging  their  independence. 

"  But  let  us  not,  by  departing  from  our  settled  policy,  give 
rise  to  the  suspicion  that  we  have  got  up  this  war  for  the  pur 
pose  of  wresting  Texas  from  those  to  whom,  under  the  faith  of 
treaties,  it  justly  belongs.  Since  the  treaty  with  Spain  of 
1819,  there  can  no  longer  be  any  doubt  but  that  this  province 
is  a  part  of  Mexico.  He  was  sorry  for  it  ;  but  such  was  the 
undeniable  fact.  Let  us  then  follow  the  course  which  we  had 
pursued  under  similar  circumstances  in  all  other  cases." 

Among  the  bills  discussed  at  this  session,  was  one  for  the 
relief  of  the  sufferers  by  the  great  fire  in  New  York  city,  on 
the  16th  of  December,  1835.  The  generous  manner  in  which 
Mr.  Buchanan  met  this  proposition  for  the  relief  of  a  city,  the 
rival  of  the  commercial  emporium  of  his  own  State,  deserves  to 
be  recorded.  He  brought  no  narrow-minded  jealousy  to  the 
consideration  of  the  subject.  It  was  enough  for  him  to  know 
that  prosperous  merchants  had  been  suddenly  reduced  to  ruin  ; 
that  homeless  families  were  suffering  the  inclemencies  of  a  severe 
winter.  The  remarks  he  made  upon  the  occasion  referred  to 
will  ever  entitle  him  to  the  gratitude  of  the  mercantile  classes 
of  New  York  city. 

He  said,  "  it  had  not  been  his  intention  to  say  a  {single  word 


SUFFEKEKS   BY    GKEAT   FIRE   IN  NEW   YOKE.  161 

upon  this  question.  He  would  not  do  so  now,  but  he  distinctly 
perceived,  that  if  the  friends  of  the  bill  yielded  to  any  one  of 
the  amendments  which  had  been  proposed,  the  bill  was  lost. 
We  must  take  the  bill  as  it  now  is,  or  none.  For  his  own  part, 
he  took  a  much  more  liberal  view  of  the  question  than  some  of 
those  gentlemen  who  had  addressed  the  Senate.  What  was 
the  state  of  the  case  ?  On  the  16th  of  December  last  a  capi 
tal  of  between  seventeen  and  eighteen  millions  of  dollars  had 
been  in  one  day  annihilated  by  fire,  in  our  greatest  commercial 
emporium.  Notwithstanding  this  calamity,  not  a  single  failure 
had  since  taken  place  among  the  merchants  of  that  city.  He 
would  say  that  he  did  not  believe  the  history  of  the  commer 
cial  world  presented  an  example  of  such  punctuality  and  such 
ability  to  comply  with  all  engagements  in  the  midst  of  such 
distress.  It  was  highly  honorable  not  only  to  New  York,  but 
to  the  American  character.  At  the  time  of  this  destructive 
fire,  the  merchants  of  that  city  were  indebted  to  the  United 
States  about  $3,600,000.  And  what  does  this  bill,  first  and 
second  sections  and  all,  propose  to  give  ?  To  give  them  this 
amount  or  any  part  of  it  ?  No,  sir  ;  all  that  is  asked  is,  that 
you  shall  not  in  the  midst  of  their  distress  extort  this  sum 
from  them  ;  which,  at  this  moment,  may  save  them  from  in 
solvency  and  ruin,  for  the  purpose  of  placing  it  in  an  over 
flowing  treasury,  where  it  is  not  wanted.  You  are  only  asked 
to  grant  these  suffering  merchants  time  to  pay  their  money, 
provided  they  give  you  ample  security  that  the  money  shall  be 
paid.  Is  there  a  single  senator  who  would  not  most  cheerfully 
comply  with  this  request  if  he  did  not  believe  the  Constitution 
to  be  in  his  way  ?  Not  one.  He  certainly  should  not  go  into 
the  argument  of  the  constitutional  question  after  what  had 
been  already  said.  He  felt  confident  that  a  large  majority  of 
the  Senate  were  already  convinced  that  the  Constitution  had 
nothing  to  do  with  the  question.  After  the  merchant  had  en 
tered  his  goods  at  the  custom  house,  and  given  bonds  for  the 
payment  of  the  duties,  he  became  a  debtor  to  the  government, 


162  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

with  whom  he  might  make  any  fair  and  reasonable  terms;  as 
we  may  do,  and  have  done  with  our  debtors.  This,  he  was 
very  clearly  of  opinion,  would  not  be  giving  any  preference  by 
any  regulation  of  commerce  or  revenue  to  the  parts  of  one 
State  over  those  of  another. 

"What  is  the  present  position  of  the  mercantile  commu 
nity  of  New  York  ?  He  had  observed  in  the  late  public 
journals,  that  money  was  now  worth  one,  one  and  a  half, 
and  two  per  cent,  per  month.  The  pressure  was  very  great. 
The  present  state  of  tension  could  not  long  endure.  Without 
some  relief,  some  speedy  relief,  it  was  probable  the  merchants 
must  yield.  Let  a  single  failure  take  place  to  the  amount  of 
a  million,  half  a  million,  or  a  quarter  of  a  million,  and,  in  its 
consequences  it  would  produce  such  ruin  in  New  York  as  would 
be  felt  to  the  very  extremities  of  the  Union.  We  might  then 
see  that  the  forbearance  which  the  bill  proposes  to  extend  to 
the  merchants,  is  the  very  best  bargain  for  ourselves  which  we 
can  make." 


EELATIONS    WITH   FKANCE.  163 


CHAPTER    XI. 

Twenty-fourth  Congress  continued — Relations   with  France — Specie    Payments — Ad 
mission  of  Michigan  and  Arkansas. 

OUR  relations  with  France,  on  account  of  her  neglect  to  com 
ply  with  the  terms  of  the  treaty  of  1831,  and  pay  the  indemnity 
so  long  due  our  citizens,  caused  a  long  and  excited  discussion 
during  the  first  session  of  the  twenty-fourth  Congress.  The 
object  of  the  French  government  in  delaying  to  do  what  was 
simply  an  act  of  justice,  had  fairly  given  rise  to  suspicions  in 
regard  to  her  ultimate  designs.  The  king,  in  his  opening  speech 
to  the  Chamber  of  Deputies,  had  barely  alluded  to  the  subject, 
and  his  failure  to  ask  for  the  sum  necessary  to  liquidate  our 
claims,  whilst  at  the  same  time  he  had  called  for  appropriations 
for  other  and  apparently  less  important  objects,  had  served  to 
still  more  embarrass  the  question.  The  President,  in  view  of  all 
the  circumstances,  and  particularly  of  the  necessity  of  an  increase 
of  the  navy  to  meet  the  constantly  expanding  demands  of  the 
country,  had  recommended  an  augmentation  of  that  arm  of  our 
defence,  and  also  some  improvement  of  the  forts,  &c.,  of  our 
maritime  frontier.  The  proposition  was  opposed  by  Mr.  Clay  and 
all  the  anti-administration  party  on  the  floor  of  the  Senate.  Mr. 
Buchanan,  on  the  1st  of  February,  1836,  in  a  speech  of  great 
length  and  extraordinary  ability,  reviewed  the  whole  question  of 
national  defence,  and  the  entire  range  of  our  difficulties  with 
France.  He  gave  a  complete  history  of  the  negotiations  between 
our  own  and  the  French  government,  and  showed  in  a  most  con 
clusive  manner  that  our  citizens  had  been  shamefully  used,  had 


164:  LIFE   AND   SERVICES   OF  JAMES  BUCHANAN. 

been  denied  for  years  their  just  rights  without  a  shadow  of  ex 
cuse,  and  that  longer  acquiescence  in  such  manifest  injustice 
would  brand  us  with  pusillanimity  and  even  cowardice.  We 
shall  give  only  a  portion  of  this  speech,  much  of  which  is  his 
torical,  but  sufficient  to  show  with  what  ardent  patriotism  Mr. 
Buchanan  has  always  contended  for  the  interests  and  honor  of 
his  country.  The  following  extract  embraces  the  opening 
portion  : 

"  MR.  PRESIDENT  :  I  am  much  better  pleased  with  the  first 
resolution  offered  by  the  senator  from  Missouri  (Mr.  Benton) 
since  he  has  modified  it  upon  the  suggestion  of  the  senator  from 
Tennessee  (Mr.  Grundy).  When  individuals  have  more  money 
than  they  know  how  to  expend,  they  often  squander  it  foolishly. 
The  remark  applies,  perhaps,  with  still  greater  force  to  nations. 
When  our  treasury  is  overflowing,  Congress,  who  are  but  mere 
trustees  for  the  people,  ought  to  be  especially  on  their  guard 
against  wasteful  expenditures  of  the  public  money.  The  sur 
plus  can  be  applied  to  some  good  and  useful  purpose.  I  am 
willing  to  grant  all  that  may  be  necessary  for  the  public  defence, 
but  no  more.  I  am  therefore  pleased  that  the  resolution  has 
assumed  its  present  form.  The  true  question  involved  in  this 
discussion  is,  on  whom  ought  the  responsibility  to  rest  for  having 
adjourned  on  the  3d  of  March  last,  without  providing  for  the 
defence  of  the  country  ?  There  can  be  no  doubt  a  fearful 
responsibility  rests  somewhere.  For  my  own  part,  I  should 
have  been  willing  to  leave  the  decision  of  this  question  to  our 
constituents.  I  am  a  man  of  peace,  and  dislike  the  crimination 
and  recrimination  which  this  discussion  must  necessarily  pro 
duce  ;  but  it  is  in  vain  to  regret  what  cannot  now  be  avoided. 
The  friends  of  the  administration  have  been  attacked,  and  we 
must  now  defend  ourselves.  I  deem  it  necessary,  therefore,  to 
state  the  reason  why  I  voted,  on  the  3d  of  March  last,  in  favor 
of  the  appropriation  of  three  millions  for  the  defence  of  the 
country,  and  why  I  glory  in  that  vote.  The  language  used  by 


RELATIONS   WITH  FJRAHCE.  165 

senators  in  reference  to  this  appropriation  has  been  very  strong. 
It .  has  been  denounced  as  a  violation  of  the  Constitution.  It 
has  been  declared  to  be  such  a  measure  as  would  not  have  re* 
ceived  the  support  of  the  minority,  had  they  believed  it  could 
prevail,  and  that  they  would  be  held  responsible  for  it.  It  has 
been  stigmatized  as  most  unusual — most  astonishing — most  sur 
prising.  And,  finally,  to  cap  the  climax,  it  has  been  proclaimed 
that  the  passage  of  such  an  appropriation  would  be  virtually  to 
create  a  dictator,  and  to  surrender  the  power  of  the  purse  and 
the  sword  into  the  hands  of  the  President.  I  voted  for  that 
appropriation  under  the  highest  convictions  of  public  duty,  and 
I  now  intend  to  defend  that  vote  against  all  these  charges. 

"  In  examining  the  circumstances  which  not  only  justified 
this  appropriation,  but  rendered  it  absolutely  necessary,  I  am 
forced  into  the  discussion  of  the  French  question.  We  have 
been  told,  that  if  we  go  to  war  with  France,  we  are  the  authors 
of  that  war.  The  senator  from  New  Jersey  has  declared  that 
it  will  be  produced  by  the  boastful  vanity  of  one  man,  the 
petulance  of  another,  and  the  fitful  violence  of  a  third.  It 
would  not  be  difficult  to  conjecture  who  are  the  individuals  to 
whom  the  senator  alludes.  He  has  also  informed  us  that,  in 
the  event  of  such  a  war,  the  guilt  which  must  rest  somewhere 
will  be  tremendous.  Now,  sir,  I  shall  undertake  to  prove  that 
scarcely  an  example  exists  in  history  of  a  powerful  and  inde 
pendent  nation  having  suffered  such  wrongs  and  indignities  as 
we  have  done  from  France  with  so  much  patience  and  forbear-" 
ance.  If  France  should  now  resort  to  arms — if  our  defenceless 
seacoast  should  be  plundered — if  the  blood  of  our  citizens  should 
be  shed — the  responsibility  of  the  Senate,  to  use  the  language 
of  the  gentleman,  will  be  tremendous.  I  shall  not  follow  the 
example  of  the  senator,  and  say  their  guilt,  because  that  would 
be  to  attribute  to  them  an  evil  intention,  which  I  believe  did 
not  exist. 

****** 

"  The  justice  of  our  claims  upon  France  are  now  admitted  by 


166  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

all  mankind.  Our  generosity  was  equal  to  their  justice.  When 
she  was  crushed  to  the  dust  by  Europe  in  arms,  when  her  cities 
were  garrisoned  by  a  foreign  foe,  when  her  independence  was 
trampled  under  foot,  we  refused  to  urge  our  claims.  This  was 
due  to  our  ancient  ally.  It  was  due  to  our  grateful  remembrance 
of  the  days  of  other  years.  The  testimony  of  Lafayette  conclu 
sively  establishes  this  fact.  In  the  Chamber  of  Deputies,  on  the 
13th  of  June,  1833,  he  declared  that  we  had  refused  to  unite. 
with  the  enemies  of  France  in  urging  our  claims,  in  1814  and 
1815  ;  and  that,  if  we  had  done  so,  these  claims  would  then 
have  been  settled.  This  circumstance  will  constitute  one  of 
the  brightest  pages  in  our  history. 

"  Was  the  sum  secured  to  our  injured  fellow-citizens  by  the 
treaty  of  the  4th  of  July,  1831,  more  than  they  had  a  right  to 
demand  ?  Let  the  report  of  our  Committee  on  Foreign  Rela 
tions,  at  the  last  session,  answer  this  question.  They  concur 
entirely  with  the  President  in  the  statement  he  had  made  in  his 
message,  that  it  was  absolutely  certain  the  indemnity  fell  far 
short  of  the  actual  amount  of  our  just  claims,  independently  of 
damages  and  interest  for  the  detention  ;  and  that  it  was  well 
known  at  the  time  that  in  this  respect  the  settlement  involved  a 
sacrifice.  But  there  is  now  no  longer  room  for  any  conjecture 
or  doubt  upon  this  subject.  The  commissioners  under  the 
treaty  have  closed  their  labors.  From  the  very  nature  of  their 
constitution  it  became  the  interest  of  every  claimant  to  reduce 
'the  other  claims  as  much  as  possible,  so  that  his  own  dividend 
might  thus  be  increased.  After  a  laborious  and  patient  investi 
gation,  the  claims  which  have  been  allowed  by  the  commission 
ers  amount  to  $9,352,193  41.  Each  claimant  will  receive  but 
little  more  than  half  his  principal,  at  the  end  of  a  quarter  of  a 
century,  after  losing  all  the  interest. 

"Why  then  has  this  treaty  remained  without  execution  on 
the  part  of  France  until  this  day  ?  Our  Committee  on  Foreign 
Relations,  at  the  last  session,  declared  their  conviction  that  the 
king  of  France  had  invariably,  on  all  suitable  occasions,  mani- 


RELATIONS   WITH   FRANCE.  167 

fested  an  anxious  desire  faithfully  and  honestly  to  fulfill  the 
engagement  contracted  under  his  authority  and  his  name.  They 
say  that  '  the  opposition  to  the  execution  of  the  treaty  and  the 
payment  of  our  just  claims  does  not  proceed  from  the  king's 
government,  but  from  a  majority  in  the  Chamber  of  Deputies.7 

"  Now,  sir,  it  is  my  purpose  to  contest  this  opinion,  and  to 
show,  as  I  think  I  can  conclusively,  that  it  is  not  a  just  infer 
ence  from  the  facts  ;  and  here,  to  prevent  all  possible  mis 
construction,  either  on  this  side  or  on  the  other  side  of  the 
Atlantic  (if  by  any  accident  my  humble  remarks  should  ever 
travel  to  such  a  distance),  permit  me  to  say  that  I  am  solely 
responsible  for  them  myself.  These  opinions  were  in  a  great 
degree  formed  while  I  was  in  a  foreign  land,  and  were  there 
freely  expressed  upon  all  suitable  occasions.  I  was  then  beyond 
the  sphere  of  party  influence,  and  felt  only  as  an  American  citi 
zen.  •  Is  it  not  then  manifest,  to  use.  the  language  of  Mr.  Liv 
ingston,  in  his  note  to  the  Count  de  Rigny,  on  the  3d  of  August, 
1834,  that  the  French  government  have  never  appreciated  the 
importance  of  the  subject  at  its  just  value  ?  There  are  two 
modes  in  which  the  king  could  have  manifested  this  anxious 
desire  faithfully  to  fulfill  the  treaty.  These  are  by  words  and 
by  actions.  When  a  man's  words  and  his  actions  correspond, 
you  have  the  highest  evidence  of  his  sincerity.  Even  then  he 
may  be  a  hypocrite  in  the  eyes  of  that  Being  before  whom  the 
fountains  of  human  action  are  unveiled.  But  when  a  man's 
words  and  his  actions  are  at  variance  ;  when  he  promises  and 
does  not  perform,  or  even  atte'mpt  to  perform  ;  when  '  he  speaks 
the  word  of  promise  to  the  ear,  and  breaks  it  to  the  hope/  the 
whole  world  will  at  once  pronounce  him  insincere.  If  this  be 
true  in  the  transactions  of  common  life,  with  how  much  more 
force  does  it  apply  to  the  intercourse  between  diplomatists. 
The  deceitfulness  of  diplomacy  has  become  almost  a  proverb. 
In  Europe,  the  talent  of  overreaching  gives  the  minister  the 
glory  of  diplomatic  skill.  The*  French  school  has  been  distin 
guished  in  this  art.  To  prove  it,  I  need  only  mention  the  name 


168  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

of  Talleyrand.  The  American  school  teaches  far  different  les 
sons.  On  this  our  success  has  in  a  great  degree  depended. 
The  skillful  diplomatists  of  Europe  are  foiled  by  the  downright 
honesty  and  directness  of  purpose  which  have  characterized  all 
our  negotiations.  Even  the  established  forms  of  diplomacy 
contain  much  unmeaning  language,  which  is  perfectly  under 
stood  by  everybody,  and  deceives  nobody.  If  ministers  have 
avowed  their  sincerity  and  their  ardent  desire  to  execute  the 
treaty,  to  deny  them  on  our  part  would  be  insulting,  and 
might  lead  to  the  most  unpleasant  consequences.  In  forming 
an  estimate  of  their  intentions,  therefore,  every  wise  man  will 
regard  their  actions  rather  than  their  words.  By  their  deeds 
shall  they  be  known.  Let  us  then  test  the  French  government 
by  this  touchstone  of  truth." 

Mr.  Buchanan  here  goes  into  a  detailed  account  of  our  rela 
tions  with  France,  tracing  the  negotiations  between  the  two 
governments  step  by  step  up  to  the  time  of  the  delivery  of  his 
speech.  After  he  had  concluded  this  portion  of  his  remarks, 
he  addressed  the  Senate  in  the  following  strain  of  indignant 
eloquence : 

"Sir,  at  the  commencement  of  the  session  of  Congress,  it 
became  the  duty  of  the  President  to  speak,  and  what  could  any 
American  expect  that  he  would  say  ?  The  treaty  had  been 
violated  in  the  first  instance  by  the  ministers  of  the  French 
king,  in  neglecting  to  lay  it  before  the  Chambers  until  after 
the  first  installment  was  due.  It  was  then  twice  submitted  at 
so  late  a  period  of  the  session,  that  it  was  impossible  for  the 
Chambers  to  examine  and  decide  the  question  before  their  ad 
journment.  On  the  last  of  these  occasions,  the  chairman  of 
the  committee  to  which  the  subject  was  referred  had  reported 
a  severe  reprimand  against  the  government  for  not  having 
sooner  presented  the  bill,  and  ^pressed  a  hope  that  it  might 
be  presented  at  an  early  period  of  the  next  session.  It  was 


RELATIONS   WITH   FRANCE.  169 

then  rejected  by  the  Chamber  of  Deputies,  and,  when  the 
French  government  had  solemnly  engaged  to  hasten  the  presen 
tation  of  the  rejected  law  as  soon  as  their  Constitution  would 
permit,  they  prorogued  the  Chambers  to  the  latest  period  which 
custom  sanctions,  in  the  very  face  of  the  remonstrances  of  the 
minister  of  the  United  States.  I  ask  again,  sir,  before  such  an 
array  of  circumstances,  what  could  any  man,  what  could  any 
American,  expect  the  President  would  say  in  his  message  ? 
The  cup  of  forbearance  had  been  drained  by  him  to  the  very 
dregs.  It  was  then  his  duty  to  speak  so  as  to  be  heard  and  to 
be  regarded  on  the  other  side  of  the  Atlantic.  If  the  same 
spirit  which  dictated  the  message,  or  anything  like  it,  had  been 
manifested  by  Congress,  the  money,  in  my  opinion,  would  ere 
this  have  been  paid. 

"The  question  was,  then,  reduced  to  a  single  point.  We 
demanded  the  execution  of  a  solemn  treaty  ;  it  had  been  refused. 
France  had  promised  again  to  bring  the  question  before  the 
Chambers  as  soon  as  possible.  The  Chambers  were  prorogued 
until  the  latest  day.  The  President  had  every  reason  to  be 
lieve  that  France  was  trifling  with  us,  and  that  the  treaty 
would  again  be  rejected.  Is  there  a  senator  within  the  sound 
of  my  voice  who,  if  France  had  finally  determined  not  to  pay 
the  money,  would  have  tamely  submitted  to  this  violation  of 
national  faith  ?  Not  one  ! 

"  The  late  war  with  Great  Britain  elevated  us  in  the  estima 
tion  of  the  whole  world.  In  every  portion  of  Europe  we  have 
reason  to  be  proud  that  we  are  American  citizens.  We  have 
paid  dearly  for  the  exalted  character  we  now  enjoy  among  the 
nations,  and  we  ought  to  preserve  it,  and  transmit  it  unimpair 
ed  to  future  generations.  To  them  it  will  be  a  most  precious 
inheritance. 

"  If,  after  having  compelled  the  weaker  nations  of  the  world 
to  pay  us  indemnities  for  captures  made  from  our  citizens,  we 
should  cower  before  the  power  of  France,  and  abandon  our 
rights  against  her,  when  they  had  been  secured  by  a  solemn 

8 


i  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

treaty,  we  -should  be  regarded  as  a  mere  hector  among  the 
nations.  The  same  course  which  you  have  pursued  towards 
the  weak,  you  must  pursue  towards  the  powerful.  If  you  do 
not,  your  name  will  become  a  by-word  and  a  proverb. 

"But,  under  all  the  provocations  which  the  country  had 
received,  what ,  is  the  charcter  of  that  message  ?  Let  it  be 
scanned  with  eagle  eyes,  and  there  is  nothing  in  its  language  at 
which  the  most  fastidious  critic  can  take  offence.  It  contains 
an  enumeration  of  our  wrongs,  in  mild  and  dignified  language, 
and  a  contingent  recommendation  of  reprisals  in  case  the  in 
demnity  should  again  be  rejected  by  the  Chambers.  But  in 
this,  and  in  all  other  respects,  it  defers  entirely  to  the  judg 
ment  of  Congress,  every  idea  of  an  intended  menace  is  excluded 
by  the  President's  express  declaration.  He  says,  'such  a 
measure  ought  not  to  be  considered  by  France  as  a  menace. 
Her  pride  and  power  are  too  well  known  to  expect  anything 
from  her  fears,  and  preclude  the  necessity  of  the  declaration, 
that  nothing  partaking  of  the  character  of  intimidation  is 
intended  by  us.'  I  ask,  again,  is  it  not  forbearing  in  its  lan 
guage  ?  Is  there  a  single  statement  in  it  not  founded  upon 
truth  ?  Does  it  even  state  the  whole  truth  against  France  ? 
Are  there  not  strong  points  omitted  ?" 

Mr.  Buchanan  then  discusses  the  questions  of  national  defence, 
its  necessity  and  constitutional  bearing,  and  closes  with  the 
following  brilliant  peroration  : 

"  On  the  5th  of  June,  the  President  had  officially  sanctioned 
the  explanations  which  had  been  made  to  the  French  govern 
ment  by  Mr.  Livingston  in  his  letter  of  the  25th  of  April,  as  he 
had  previously  sanctioned  those  which  had  been  made  by  the 
same  gentleman  in  h:,s  note  of  the  29th  of  January.  These  were 
considered  by  the  President  amply  sufficient  to  satisfy  the  sus 
ceptible  feelings  of  France.  In  order  to  give  them  full  time  to 
produce  their  effect,  and  to  afford  the  French  ministry  an  ample 


RELATIONS   WITH  FEANCE.  171 

opportunity  for  reflection,  lie  delayed  sending  any  orders  to  de 
mand  the  money  secured  by  the  treaty  until  the  middle  of 
September.  On  the  14th  of  that  month,  Mr.  Barton  was  in 
structed  to  call  upon  the  Duke  de  Broglie,  and  request  to  be 
informed  what  were  the  intentions  of  the  French  government  in 
relation  to  the  payment  of  the  money  secured  by  the  treaty. 
He  executed  these  instructions  on  the  20th  of  October.  The 
special  message  has  communicated  to  us  the  result  :  '  We  will 
pay  the  money/  says  the  Duke  de  Broglie,  '  when  the  govern 
ment  of  the  United  States  is  ready  on  its  part  to  declare  to  us, 
by  addressing  its  claim  to  us  officially  in  writing  that  it  regrets 
the  misunderstanding  which  has  arisen  between  the  two  coun 
tries  ;  that  this  misunderstanding  is  founded  on  a  mistake  ;  that 
it  never  entered  into  its  intention,  to  call  in  question  the  good 
faith  of  the  French  government,  nor  to  take  a  menacing  atti 
tude  towards  France  ;'  and  he  adds,  '  if  the  government  of  the 
United  States  does  not  give  this  assurance,  we  shall  be  obliged  to 
think  that  this  misunderstanding  is  not  the  result  of  an  error/ 

"  Is  there  any  American  so  utterly  lost  to  those  generous  feel 
ings  which  love  of  country  should  inspire  as  to  purchase  five 
millions  with  the  loss  of  national  honor  ?  Who  for  these  or 
any  number  of  millions,  would  see  the  venerable  man  now  at  the 
head  of  our  government,  bowing  at  the  footstool  of  the  throne 
of  Louis  Philippe,  and  like  a  child  prepared  to  say  its  lesson, 
repeating  this  degrading  apology  ?  First  perish  the  five  mil 
lions — perish  a  thousand  times  the  amount.  The  man  whose 
bosom  has  been  so  often  bared  in  the  defence  of  his  country  will 
never  submit  to  such  degrading  terms.  His  motto  has  always 
been  death  before  dishonor. 

"  Why,  then,  it  may  be  asked,  have  I  expressed  a  hope,  a 
belief,  that  this  unfortunate  controversy  will  be  amicably  ter 
minated,  when  the  two  nations  are  now  directly  at  issue  ?  I 
will  tell  you  why.  This  has  been  called  a  mere  question  of 
etiquette,  and  such  it  is,  so  far  as  France  is  concerned.  She 
has  already  received  every  explanation  which  the  most  jealous 


172  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

susceptibility  ought  to  demand.  These  have  been  voluntarily 
tendered  to  her. 

"  Since  the  date  of  the  Duke  de  Broglie's  letter  to  Mr.  Pa- 
geat  on  the  17th  of  June,  we  have  received  from  the  President 
of  the  United  States  his  general  message  at  the  commencement 
of  the  session,  and  his  special  message  on  French  affairs. 
Both  these  documents  disclaim  in  the  strongest  terms,  any  in 
tention  to  menace  France  or  to  impute  bad  faith  to  the  French 
government,  by  the  message  of  December,  1834.  Viewing  the 
subject  in  this  light — considering  that  at  the  interview  with 
Mr.  Barton,  the  duke  could  not  have  known  what  would  be  tbe 
tone  of  these  documents,  I  now  entertain  strong  hope  that  the 
French  government  have  already  reconsidered  their  determina 
tion.  If  a  mediation  has  been  proposed  and  accepted,  I  cannot 
entertain  a  doubt  as  to  what  will  be  the  opinion  of  the  media 
tor.  He  ought  to  say  to  France,  you  have  already  received  all 
the  explanations,  and  these  have  been  voluntarily  accorded, 
which  the  United  States  can  make  without  national  degradation. 
With  these  you  ought  to  be  satisfied.  With  you  it  is  a  mere 
question  of  etiquette.  All  the  disclaimers  which  you  ought  to 
desire  have  already  been  made  by  the  President  of  the  United 
States.  The  only  question  with  you  now  is  not  one  of  substance, 
but  merely  whether  these  explanations  are  in  proper  form.  But 
in  regard  to  the  United  States  the  question  is  far  different. 
What  is  with  you  mere  etiquette,  is  a  question  of  life  and  death 
to  them.  Let  the  President  of  the  United  States  make  the  apo 
logy  which  you  have  dictated — let  him  once  admit  the  right  of 
the  foreign  governments  to  question  his  messages  to  Congress, 
and  to  demand  explanations  of  any  language  at  which  they  may 
choose  to  take  offence,  and  our  independent  existence  as  a 
government,  to  that  extent,  is  virtually  destroyed. 

"  We  must  remember  that  France  may  yield  with  honor,  we 
never  can  without  disgrace.  Will  she  yield  ?  That  is  the 
question.  I  confess  I  should  have  entertained  a  stronger  belief 
that  she  would,  had  she  not  published  the  duke's  letter  to  Mr, 


SPECIE   PAYMENTS.  173 

Pageat  as  an  appeal  to  the  American  people.  She  must  still 
believe  that  the  people  of  this  country  are  divided  in  opinion 
in  regard  to  the  firm  maintenance  of  their  rights.  In  this  she 
will  find  herself  entirely  mistaken.  But  should  Congress,  at 
the  present  session,  refuse  to  sustain  the  President,  by  adopting 
measures  of  defence— should  the  precedent  of  the  last  session 
be  followed  for  the  present  year,  then  I  should  entertain  the 
most  gloomy  forebodings.  The  Father  of  his  Country  has 
informed  us  that  the  mode  of  preserving  peace  is  to  be  pre 
pared  for  war.  I  firmly  believe,  therefore,  that  a  unanimous 
vote  of  the  Senate  in  favor  of  the  resolutions  now  before  them, 
to  follow  to  Europe  the  acceptance  of  the  mediation,  would, 
almost  to  a  certainty,  render  it  successful.  It  would  be  an  act 
of  the  soundest  policy,  as  well  as  of  the  highest  patriotism.  It 
would  prove,  not  that  we  intend  to  menace  France,  because 
such  an  attempt  would  be  ridiculous,  but  that  the  American 
people  are  unanimous  in  the  assertion  of  their  rights,  and  have 
resolved  to  prepare  for  the  worst.  A  French  fleet  is  now  hov 
ering  upon  our  coasts,  and  shall  we  sit  still  with  our  overflow 
ing  treasury  and  leave  our  country  defenceless  ?  This  will 
never  be  said  with  truth  of  the  American  Congress. 

"  If  war  should  come  (which  God  forbid  !) — if  France 
should  still  persist  in  her  effort  to  degrade  the  American  people 
in  the  person  of  their  chief  magistrate,  we  may  appeal  to 
Heaven  for  the  justice  of  our  cause,  and  look  forward  with 
confidence  to  victory  from  that  Being  in  whose  hands  is  the 
destiny  of  nations." 

It  is  gratifying  to  know  that  the  decided  stand  taken  by 
Gen.  Jackson  on  French  affairs  hastened  the  settlement  of  this 
troublesome  question,  and  secured  to  our  citizens  what  had  so 
long  been  their  ju&t  dues. 

Mr.  Buchanan  took  an  early  and  decided  stand  in  favor  of 
specie  payments  by  the  general  government,  instead  of  depreci 
able  bank  paper.  Upon  this  subject  he  stood  side  by  side  with 


174  LIFE  AND   SEEVICE8   OF  JAMES   BUCHANAN. 

that  Ajax  of  democracy,  on  the  currency  question,  Mr.  Benton. 
"  The  evils,"  said  Mr.  Buchanan,  "  which  result  from  a  large 
increase  of  banking  capital  to  the  laboring  man,  to  the  manu 
facturer,  and  to  all  classes  of  society  except  speculators,  were 
palpable.  Banks  could  make  money  plenty  at  one  time  and 
scarce  at  another  ;  at  one  moment  nominally  raise  the  price  of 
all  property  beyond  its  real  value,  and  the  next  moment  reduce 
it  below  that  standard,  and  thus  prove  most  ruinous  to  tho 
best  interests  of  the  people.  The  increase  of  banking  capital 
was  calculated  to  transfer  the  wealth  and  property  of  the 
country  from  the  honest,  industrious,  and  unsuspecting  classes 
of  society,  into  the  hands  of  speculators,  who  knew  when  to 
purchase  and  when  to  sell."  Probably  no  one  element  has  been 
a  stronger  one  in  Mr.  Buchanan's  character  than  his  devoted 
friendship  to  the  laboring  classes.  Born  in  the  most  humble 
circumstances  of  life,  and  always  residing  among  a  people  who 
justly  consider  idleness  disgraceful,  it  is  not  surprising  that  he 
should  have  been  naturally  the  friend  and  ally  of  the  producing 
classes.  As  a  proof  of  this  it  is  only  necessary  to  state  that 
every  measure  introduced  into  Congress  during  his  long  mem 
bership  of  that  bcdy,  which  was  calculated  in  any  way  to  ben 
efit  them,  he  advocated  ;  while  every  one  intended  to  injure  them 
he  opposed. 

One  of  the  most  prominent  subjects  before  this  Congress  was 
the  admission  of  Michigan  and  Arkansas  into  the  Union.  Mr. 
Buchanan  was  the  northern  senator  chosen  to  present  the  bill 
admitting  Arkansas,  and  Mr.  Benton  was  selected  to  present 
the  one  admitting  Michigan.  The  subject  gave  rise  to  much 
debate,  in  all  of  which  Mr.  Buchanan  bore  a  distinguished  and 
honorable  part.  It  was  objected  to  Michigan  that  foreigners 
or  unnaturalized  citizens  had  been  allowed  to  vote  in  the  form 
ation  of  the  Constitution  of  Michigan.  Mr.  Buchanan  demon 
strated  that  aliens  who  were  residents  of  the  Northwest  Ter 
ritory  had  a  right,  under  the  ordinance  of  1181,  to  exercise  the 
elective  franchise. 


ADMISSION    OF   MICHIGAN   AND   ARKANSAS.  175 

"  The  territory  ceded  by  Virginia  to  the  United  States," 
said  Mr.  B.,  "  was  sufficiently  extensive  for  an  immense  empire. 
The  parties  to  this  compact  of  cession  contemplated  that  it 
would  form  five  sovereign  States  of  this  Union.  At  that  early 
period,  we  had  just  emerged  from  our  revolutionary  struggle, 
and  none  of  the  jealousy  was  then  felt  against  foreigners,  and 
particularly  against  Irish  foreigners,  which  now  appears  to 
haunt  some  gentlemen.  There  had  then  been  no  attempts  to 
get  up  a  Native  American  party  in  this  country.  The  blood  of 
the  gallant  Irish  had  flowed  freely  upon  every  battle-field,  in 
defence  of  the  liberties  which  we  now  enjoy.  Besides,  the  Senate 
will  well  recollect  that  the  ordinance  was  passed  before  the 
adoption  of  our  present  Constitution,  and  whilst  the  power  of 
naturalization  remained  with  the  several  States.  In  some,  and 
perhaps,  in  all  of  them,  it  required  so  short  a  residence,  and  so 
little  trouble  to  be  changed  from  an  alien  to  a  citizen,  that  the 
process  could  be  performed  without  the  least  difficulty.  I  re 
peat  that  no  jealousy  whatever  then  existed  against  foreigners." 

In  the  course  of  the  same  speech,  Mr.  Buchanan  used  the 
following  memorable  and  emphatic  language  upon  a  question, 
which  at  the  present  day  is  a  most  exciting  topic  of  discussion  : 

"  The  older  I  grow,  the  more  I  am  inclined  to  le  what  is  called 
1  a  State  rights  man?  The  peace  and  security  of  this  Union 
depend  upon^giving  to  the  Constitution  a  literal  and  fair  con 
struction,  such  as  would  be  placed  upon  it  by  a  plain  and  intel 
ligent  man,  and  not  by  ingenious  constructions,  to  increase 
the  powers  of  this  government,  and  thereby  diminish  those  of 
the  States.  The  rights  of  the  States,  reserved  to  them  by  that 
instrument,  ought  ever  to  be  held  sacred.  If,  then,  the  Con 
stitution  leaves  to  them  to  decide  according  to  their  own  dis 
cretion,  unrestricted  and  unlimited,  who  shall  be  electors,  it 
follows  as  a  necessary  consequence  that  they  may,  if  they  think 
proper,  confer  upon  resident  aliens  the  right  of  voting." 


176  LIFE   AND   SEKYICES   OF   JAMES    BUCHANAN. 

"  It  is  curious  to  remark,"  said  Mr.  Buchanan,  in  concluding 
the  speech  from  which  the  foregoing  extracts  are  taken,  "  that 
except  in  a  few  instances,  the  Constitution  of  the  United  States 
has  not  prescribed  that  the  officers  elected  or  appointed  under 
its  authority,  shall  be  citizens  ;  and  we  all  know,  in  practice,, 
that  the  Senate  have  been  constantly  in  the  habit  of  confirm 
ing  the  nomination  of  foreigners  as  consuls  of  the  United 
States.  They  have  repeatedly  done  so,  I  believe,  in  regard  td 
other  officers." 

This  Congress  closed  its  first  session  on  the  14th  of  July, 
1836.  It  had  been  a  protracted  and  important  session,  as  the 
reader  of  this  and  the  preceding  chapter  will  not  fail  to  have 
observed. 


SPECIE  CIRCULAR.  177 


CHAPTER   XII. 

Second  Session  of  Twenty-fourth  Congress— Specie  Circular— Expunging  Resolutions- 
Mr.  Buchanan's  Speech  upon  them. 

THE  second  session  of  the  twenty-fourth  Congress  opened  on 
the  5th  of  December,  1836.  Mr.  Buchanan  was  chosen  to  the 
honorable  and  responsible  position  of  Chairman  of  the  Commit 
tee  of  Foreign  Relations.  Associated  with  him  were  Messrs. 
Clay,  of  Kentucky  ;  Tallmadge,  of  New  York  ;  King,  of  Geor* 
.gia,  and  Rives,  of  Virginia.  The  first  subject  brought  before 
the  Senate  was  a  resolution  offered  by  Mr.  Ewing,  of  Ohio,  to 
rescind  an  order  made  by  the  Secretary  of  the  Treasury,  gen 
erally  known  as  the  "  specie  circular."  The  object  of  the  order 
was  the  laudable  one  to  check  speculation  in  public  lands,  as 
well  as  the  excessive  issues  of  bank  paper  in  the  West,  and  thus 
to  increase  the  specie  currency  of  the  country.  The  aim  of  the 
President  to  accomplish  these  desirable  objects  was,  however, 
represented  like  almost  everything  Gen.  Jackson  did  while  in 
office,  as  an  act  of  executive  tyranny,  and  a  wish  on  his  part  to 
wield  the  power  of  the  revenue  for  his  own  and  his  party's 
political  advantage.  The  resolution  of  Mr.  Ewing,  after  being 
shorn  of  most  of  its  objectionable  features,  and  modified  so  as 
to  leave  the  Secretary  of  the  Treasury  a  discretion  in  regard  to 
the  matter  upon  which  he  assumed  to  act,  passed  the  Senate. 

The  principal  feature  of  this  session  was,  however,  the  adop 
tion  of  the  celebrated  "  expunging  resolution"  which  Mr.  Ben- 
ton  introduced  to  vindicate  the  name  and  honor  of  Gen.  Jack 
son.  With  an  heroic  determination,  reminding  one  of  Spartan 

8* 


ITS  LIFE   AND   SERVICES   OF  JAMES  BUCHANAN. 

valor,  the  distinguished  senator  from  Missouri  had  session  after 
session  introduced  a  resolution  for  expunging  from  the  journal 
of  the  Senate  the  stain  which  had  been  affixed  upon  Gen.  Jack 
son  for  his  removal  of  the  deposits  from  the  United  States  Bank. 
No  epithet  had  caused  him  to  waver  for  a  moment  in  his  deter 
mination,  and  for  three  successive  years,  through  evil  and  good 
report,  he  had  each  session  presented  the  resolution  ;  but 
owing  to  the  majority  against  the  President  in  the  Senate,  jus 
tice  had  not  been  granted  him.  He  had  now,  however,  been 
elected  the  second  time,  and  the  people  had  ratified  what  the 
minority  of  the  Senate  had  so  long  contended  for.  Once  more, 
therefore,  did  Mr.  Benton  introduce  his  long  abused  resolution. 
"  Solitary  and  alone,"  said  Mr.  Benton,  "  and  amidst  the  jeers 
and  taunts  of  my  opponents,  I  put  this  ball  in  motion.  The 
people  have  taken  it  up  and  rolled  it  forward,  and  I  am  no 
longer  anything  but  a  unit  in  the  vast  mass  which  now  propels 
it.  In  the  name  of  that  mass  I  speak.  I  demand  the  execu 
tion  of  the  edict  of  the  people  ;  I  demand  the  expurgation  of 
that  sentence  which  the  voice  of  a  few  Senators,  and  the  power 
of  their  confederate,  the  Bank  of  the  United  States,  has  caused 
to  be  placed  on  the  journal  of  the  Senate,  and  which  the  voioe 
of  millions  of  freemen  has  ordered  to  be  expunged  from  it." 
The  persevering  and  unyielding  determination  which  Mr.  Ben- 
ton  evinced  in  rendering  this  act  of  justice  to  Gen.  Jackson  will 
ever  associate  his  name  in  the  history  of  our  country,  side  by 
side  with  that  of  "  the  hero  of  New  Orleans." 

He  was  destined  at  this  session  to  have  the  efficient  and 
earnest  aid  of  Mr.  Buchanan,  in  a  speech  of  such  masterly 
power,  of  rich  and  graceful  eloquence,  as  has  seldom,  if  ever, 
been  delivered  upon  the  floor  of  the  United  States  Senate. 
The  reader  is  requested  to  notice  in  the  following  speech  the 
account  of  the  abuse  heaped  upon  Gen.  Jackson  for  the  fearless 
discharge  of  his  duty.  It  was  even  greater  than  that  bestowed 
upon  Gen.  Pierce,  at  the  present  day,  for  the  repeal  of  the 
unconstitutional  Missouri  restriction : 


SPEECH   ON   EXPUNGING   RESOLUTIONS.  179 

MR.  PRESIDENT  :  After  the  able  and  eloquent  display  of  the 
senator  frcm  Kentucky  (Mr.  Clay),  who  has  just  resumed  his 
seat  after  having  so  long  enchained  the  attention  of  his  audi 
ence,*  it  might  be  the  dictate  of  prudence  for  me  to  remain 
silent.  But  I  feel  too  deeply  my  responsibility  as  an  American 
senator,  not  to  make  the  attempt  to  place  before  the  Senate 
and  the  country  the  reasons,  which,  in  my  opinion,  will  justify 
the  vote  which  I  intend  to  give  this  day. 

"  A  more  grave  and  solemn  question  has  rarely,  if  ever, 
been  submitted  to  the  Senate  of  the  United  States,  than  the 
one  now  under  discussion.  This  Senate  is  now  called  upon  to 
review  its  own  decision,  to  rejudge  its  own  justice,  and  to  anni 
hilate  its  own  sentence,  deliberately  pronounced  against  the 
co-ordinate  executive  branch  of  this  government.  On  the  28th 
of  March,  1834,  the  American  Senate,  in  the  face  of  the  Amer 
ican  people,  in  the  face  of  the  whole  world,  by  a  solemn  reso 
lution,  pronounced  the  President  of  the  United  States  to  be  a 
violator  of  the  Constitution  of  his  country,  of  that  Constitution 
which  he  had  solemnly  sworn,  *  to  preserve,  protect,  and  defend.' 
Whether  we  consider  the  exalted  character  of  the  tribunal 
which  pronounced  this  condemnation,  or  the  illustrious  object 
against  which  it  was  directed,  we  ought  to  feel  deeply  impressed 
with  the  high  and  lasting  importance  of  the  present  proceeding. 
It  is  in  fact,  if  not  in  form,  the  trial  of  the  Senate  for  having 
unjustly  and  unconstitutionally  tried  and  condemned  the  Presi 
dent  ;  and  their  accusers  are  the  American  people.  In  this  cause 
I  am  one  of  the  judges.  In  some  respects,  it  is  a  painful  posi 
tion  for  me  to  occupy.  It  is  vain,  however,  to  express  un 
availing  regrets.  I  must,  and  shall  firmly  and  sternly  do  my 
duty,  although  in  the  performance  of  it,  I  may  wound  the 
feelings  of  gentlemen  whom  I  respect  and  esteem  ;  I  shall  pro 
ceed  no  further  than  the  occasion  demands,  and  will  therefore 
justify. 

"  Who  was  the  President  of  the  United  States  against  whom 
this  sentence  has  been  pronounced  ?  Andrew  Jackson — a  name 


180  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

which  every  American  mother,  after  the  party  strife 
agitates  us  for  the  present  moment  shall  have  passed  away 
will,  during  all  the  generations  which  this  Republic  is  destined 
to  endure,  teach  her  infant  to  lisp  with  that  of  the  venerated 
name  of  Washington.  The  one  was  the  founder,  the  other  the 
preserver,  of  the  liberties  of  his  country. 

"  If  President  Jackson  has  been  guilty  of  violating  the  Con 
stitution  of  the  United  States,  let  impartial  justice  take  its 
course.  I  admit  that  it  is  no  justification  for  such  a  crime,  that 
his  long  life  has  been  more  distinguished  by  acts  of  disinterested 
patriotism  than  that  of  any  American  citizen  now  living.  It  is 
no  justification  that  the  honesty  of  his  heart  and  the  purity  of 
his  intentions  have  become  proverbial,  even  amongst  his  political 
enemies.  It  is  no  justification  that  in  the  hour  of  danger,  and 
in  the  day  of  battle,  he  has  been  his  country's  shield.  If  he 
has  been  guilty,  let  his  name  be  '  damned  to  everlasting  fame ' 
with  those  of  Caesar  and  Napoleon. 

"  If,  on  the  other  hand,  he  is  pure  and  immaculate  from  the 
charge,  let  us  be  swift  to  do  him  justice,  and  to  blot  out  the 
foul  stigma  which  the  Senate  have  placed  upon  his  character. 
If  we  are  not,  he  may  go  down  to  the  grave  in  doubt  as  to  what 
may  be  the  final  judgment  of  his  country.  In  any  event,  he 
must  soon  retire  to  the  shades  of  private  life.  Shall  we,  then, 
suffer  his  official  term  to  expire  without  first  doing  him  justice  ? 
It  may  be  said  of  me,  as  it  has  already  been  said  of  other  sena 
tors,  that  I  am  one  of  the  gross  adulators  of  the  President,  But, 
sir,  I  have  never  said  thus  much  of  him  whilst  he  was  in  the 
meridian  of  his  power.  Now,  that  his  political  sun  is  nearly 
set,  I  feel  myself  at  liberty  to  pour  forth  my  grateful  feelings  as  an 
American  citizen,  to  a  man  who  has  done  so  much  for  his 
country.  I  have  never  for  myself,  either  directly  or  indirectly, 
solicited  office  at  his  hand  ;  and  my  character  must  greatly 
change  if  I  should  ever  do  so  from  any  of  his  successors  If  I 
should  bestow  upon  him  the  meed  of  my  poor  praise,  it  springs 
from  an  impulse  far  different  from  that  which  has  teen  attri- 


SPEECH  ON   EXPUNGING   RESOLUTIONS.  181 

buted  to  the  majority  on  this  floor.  I  speak  as  an  independent 
freeman  and  American  senator,  and  I  feel  proud  now  to  havo 
the  opportunity  of  raising  my  voice  in  his  defence. 

"  On  the  28th  day  of  March,  1834,  the  Senate  of  the  United 
States  resolved  '  that  the  President,  in  the  late  executive  pro 
ceedings  in  relation  to  the  public  revenue,  has  assumed  upon 
himself  authority  and  power  not  conferred  by  the  Constitution 
and  laws,  but  in  derogation  of  both/ 

"  In  discussing  this  subject,  I  shall  undertake  to  prove,  first, 
that  this  resolution  is  unjust ;  secondly,  that  it  is  unconstitu 
tional  ;  and  in  the  last  place,  that  it  ought  to  be  expunged  from 
our  journals,  in  the  manner  proposed  by  the  senator  from  Mis 
souri  (Mr.  Benton).  First,  then,  it  is  unjust.  On  this  branch 
of  the  subject,  I  had  intended  to  confine  myself  to  a  bare  ex 
pression  of  my  own  decided  opinion.  This  point  has  been  so 
often  and  so  ably  discussed  that  it  is  impossible  for  me  to  cast 
any  new  light  upon  it.  But  as  it  is  my  intention  to  follow  the 
footsteps  of  the  senator  from  Kentucky  (Mr.  Clay)  wherever 
they  may  lead,  I  must  again  tread  the  ground  which  has  been 
so  often  trodden.  As  the  senator,  however,  has  confined  him 
self  to  a  mere  passing  reference  to  the  topics  which  this  head 
presents,  I  shall,  in  this  particular,  follow  his  example. 

"  Although  the  resolution  condemning  the  President  is  vague 
and  general  in  its  terms,  yet  we  all  know  that  it  was  founded 
upon  his  removal  of  public  deposits  from  the  bank  of  the  United 
States.  The  senator  from  Kentucky  has  contended  that  this 
act  was  a  violation  of  law.  And  why  ?  Because,  says  he,  it 
is  well  known  that  the  public  money  was  secure  in  that  institu 
tion  ;  and  by  its  charter  the  public  deposits  could  not  be  re 
moved  from  it,  unless  under  a  just  apprehension  that  they  were 
in  danger.  Now,  sir,  I  admit  that  if  the  President  had  no  right 
to  remove  these  deposits,  except  for  the  sole  reason  that  their 
safety  was  in  danger,  the  senator  has  established  his  position. 
But  what  is  the  fact  ?  Was  the  government  thus  restricted  by 
the  terms  of  the  bank  charter  ?  I  answer,  no.  Such  a  limita- 


182  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

tioii  is  nowhere  to  be  found  in  it.  Let  me  read  the  sixteenth 
section,  which  is  the  only  one  relating  to  the  subject.  It  enacts 
'  that  the  deposits  of  the  money  of  the  United  States,  in  places 
in  which  the  said  bank  and  branches  thereof  may  be  established, 
shall  be  made  in  said  bank  or  branches  thereof,  unless  the 
Secretary  of  the  Treasury  shall  at  any  time  otherwise  order  and 
direct,  in  which  case,  the  Secretary  of  the  Treasury  shall  imme 
diately  lay  before  Congress,  if  in  session,  and  if  not,  immediately 
after  the  commencement  of  the  next  session,  the  reasons  of  such 
order  or  direction. 

"  Is  not  the  authority  thus  conferred  upon  the  Secretary  of 
the  Treasury  as  broad  and  as  ample  as  the  English  language 
will  admit  ?  Where  is  the  limitation,  where  the  restriction  ? 
One  might  have  supposed,  from  the  argument  of  the  senator  from 
Kentucky,  that  the  charter  had  restricted  the  Secretary  of  the 
Treasury  from  removing  the  deposits,  unless  he  believed  them  to 
be  insecure  in  the  Bank  of  the  United  States  ;  but  the  language 
of  the  law  itself  completely  refutes  his  argument.  They  were  to 
remain  in  the  Bank  of  the  United  States,  '  unless  the  Secretary 
of  the  Treasury  shall  at  any  time  otherwise  order  and  direct.' 

"  The  whole  limitation  upon  the  discretion  of  that  officer,  was 
his  immediate  and  direct  responsibility  to  Congress.  To  us  he 
was  bound  to  render  his  reasons  for  removing  the  deposits. 
We,  and  we  alone,  are  constituted  the  judges  as  to  the  suffi 
ciency  of  these  reasons. 

"  It  would  be  an  easy  task  to  prove  that  the  authors  of  the 
bank  charter  acted  wisely  in  not  limiting  the  discretion  of  the 
Secretary  of  the  Treasury  over  the  deposits  to  the  single  case 
of  their  apprehended  insecurity.  We  may  imagine  many  other 
reasons  which  would  have  rendered  their  removal  both  wise  and 
expedient,  But  I  forbear,  especially  as  the  case  now  before 
the  Senate  presents  as  striking  an  illustration  of  this  proposi 
tion  as  I  could  possibly  imagine.  Upon  what  principle,  then, 
do  I  justify  the  removal  of  the  deposits  ? 

"  The  Bank  of  the  United  States  had  determined  to  apply  for 


SPEECH    ON   EXPUNGING   RESOLUTIONS.  183 

a  re-charter  at  the  session  of  Congress  immediately  preceding 
the  last  presidential  election.  Preparatory  to  this  application, 
and  whilst  it  was  pending,  in  the  short  space  of  sixteen  months, 
it  had  increased  its  loans  more  than  $28,000,000.  They  rose 
from  forty-two  millions  to  seventy  millions  between  the  last  of 
December,  1830,  and  the  1st  of  May,  1832.  Whilst  this 
boasted  regulator  of  the  currency  was  thus  expanding  its  dis 
counts,  all  the  local  banks  followed  the  example.  The  impulse 
of  self-interest  urged  them  to  pursue  this  course.  A  delusive 
property  was  thus  spread  over  the  land.  Money  everywhere 
became  plenty.  The  bank  was  regarded  as  the  beneficent 
parent,  who  was  pouring  her  money  out  into  the  laps  of  her 
children.  She  thought  herself  wise  and  provident  in  thus 
rendering  herself  popular.  The  re-charter  passed  both  houses 
of  Congress  by  triumphant  majorities.  But  then  came  '  the 
frost,  the  killing  frost.'  It  was  not  so  easy  to  propitiate  the 
1  Old  Roman.'  Although  he  well  knew  the  power  and  influence 
which  the  bank  could  exert  against  him  at  the  then  approach 
ing  presidential  election,  he  cast  such  considerations  to  the 
winds.  He  vetoed  the  bill,  and  in  the  most  solemn  manner, 
placed  himself  for  trial  upon  this  question  before  the  American 
people. 

"  From  that  moment,  the  faith  of  many  of  his  former  friends 
began  to  grow  cold.  The  bank  openly  took  the  field  against 
his  re-election.  It  expended  large  sums  in  subsidizing  editors,  and 
in  circulating  pamphlets,  and  papers,  and  speeches,  throughout 
the  Union,  calculated  to  influence  the  public  mind  against  the 
President.  I  merely  glance  at  these  things. 

"  Let  us  pause  for  a  single  moment,  to  consider  the  conse 
quences  of  such  conduct.  What-  right  had  the  bank,  as  a 
corporation,  to  enter  the  arena  of  politics  for  the  purpose  of 
defending  itself,  and  attacking  the  President  ?  Whilst  I  freely 
admit  that  each  individual  stockholder  possessed  the  same  rights, 
in  this  respect,  as  every  other  American  citizen,  I  pray  you  to 
consider  what  a  dangerous  precedent  the  bank  has  thus  estab- 


184:  LIFE  AND   SERVICES   OF  JAMES  BUCHANAN. 

lished.  Our  banks  now  number  nearly  a  thousand,  and  our 
other  chartered  institutions  are  almost  innumerable.  If  all 
these  corporations  are  to  be  justified  in  using  their  corporate 
funds  for  the  purpose  of  influencing  elections,  of  elevating  their 
political  friends,  and  crushing  their  political  foes,  our  condition 
is  truly  deplorable.  We  shall  thus  introduce  into  the  State  a 
new,  a  dangerous,  and  an  alarming  power,  the  effects  of  which 
no  man  can  anticipate.  Watchful  jealousy  is  the  price 
which  a  free  people  must  ever  pay  for  their  liberties,  and  this 
jealousy  should  be  argus-eyed  in  watching  the  political  move 
ments  of  corporations. 

"  After  the  bank  had  been  defeated  in  the  presidential  elec 
tion,  it  adopted  a  new  course  of  policy.  What  it  had  been 
unable  to  accomplish  by  making  money  plenty,  it  determined  it 
would  wrest  from  the  sufferings  of  the  people  by  making  money 
scarce.  Pressure  and  panic  then  became  its  weapons,  and  with 
these  it  was  determined,  if  possible,  to  extort  a  re-charter  from 
the  American  people.  It  commenced  this  warfare  upon  the 
interests  of  the  country  about  the  1st  of  August,  1833.  In 
two  short  months  it  decreased  its  loans  more  than  four  millions 
of  dollars,  whilst  the  deposits  of  the  government  with  it  had 
increased,  during  the  same  period,  two  millions  and  a  quarter. 
I  speak  in  round  numbers.  It  was  then  in  the  act  of  reducing 
its  discounts  at  the  rate  of  two  millions  of  dollars  per  mouth. 

"  The  State  banks  had  expanded  their  loans  with  the  former 
expansion  of  the  Bank  of  the  United  states.  It  now  became 
necessary  to  contract  them.  The  severest  pressure  began  to 
be  felt  everywhere.  Had  the  Bank  of  the  United  States  been 
permitted  a  short  time  longer  to  proceed  in  this  course,  fortified 
as  it  was  with  the  millions  of  the  government  which  it  held  on 
deposits,  a  scene  of  almost  universal  bankruptcy  and  insolvency 
must  have  been  presented  in  our  commercial  cities.  It  thus 
became  absolutely  necessary  for  the  President  either  to  deprive 
the  bank  of  the  public  deposits,  as  the  only  means  of  protecting 
the  State  banks,  and,  through  them,  the  people  from  these 


SPEECH   ON  EXPUNGING   EESOLUTIONS.  185 

impending  evils,  or  calmly  to  look  on  and  see  it  spreading  ruin 
throughout  the  land.  It  was  necessary  for  him  to  adopt  this 
policy  for  the  purpose  of  preventing  a  universal  derangement 
of  the  currency,  a  general  sacrifice  of  property,  and,  as  an 
inevitable  consequence,  the  re-charter  of  this  institution. 

"  By  the  removal  of  the  deposits,  he  struck  a  blow  against 
the  bank  from  which  it  has  never  since  recovered.  This  was 
the  club  of  Hercules  with  which  he  slew  the  Hydra.  This  was 
the  master-stroke  by  which  he  prostrated  what  a  large  majority 
of  the  American  people  believed  to  have  been  a  corrupt  and  a 
corrupting  institution.  For  this  he  is  not  only  justified,  but 
deserves  the  eternal  gratitude  of  his  country.  For  this  the 
Senate  have  condemned  him  ;  but  the  people  of  the  United 
States  have  hailed  him  as  a  deliverer. 

"  It  has  been  said  by  the  senator  from  Kentucky,  that  the 
President,  by  removing  the  deposits  from  the  Bank  of  the 
United  States,  united  in  his  own  person  the  power  of  the  purse 
of  the  nation  with  that  of  the  sword.  I  think  it  is  not  difficult 
to  answer  this  argument.  What  was  to  become  of  the  public 
money  in  case  it  had  been  removed  from  the  Bank  of  the 
United  States,  under  its  charter,  for  the  cause  which  the  sena 
tor  himself  deems  justifiable  ?  Why,  sir,  it  would  then  have 
been  immediately  remitted  to  the  guardianship  of  those  laws 
under  which  it  had  been  protected,  before  the  Bank  of  the 
United  States  was  called  into  existence.  Such  was  the  present 
case.  In  regard  to  this  point,  no  matter  whether  the  cause  of 
removal  were  sufficient  or  not,  the  moment  the  deposits  were 
actually  removed,  they  became  subject  to  the  pre-existing 
laws,  and  not  to  the  arbitrary  will  of  the  President. 

"  The  senator  from  Kentucky  has  contended  that  the  Presi 
dent  violated  the  Constitution  and  the  laws  by  dismissing  Mr. 
Duane  from  office  because  he  would  not  remove  the  deposits, 
and  by  appointing  Mr.  Taney  to  accomplish  this  purpose.  I 
shall  not  discuss  at  any  length  the  power  of  removal.  It  i&  now 
too  late  in  the  day  to  question  it.  That  the  executive  possessei 


186  LIFE   AND    SEEVICES   OF   JAMES    BUCHANAN. 

this  power  was  decided  by  the  first  Congress.  It  has  often  since 
been  discussed  and  decided  in  the  same  manner,  and  it  has  been 
exercised  by  every  President  of  the  United  States.  The  Pre 
sident  is  bound  by  the  Constitution  to  '  take  care  that  the  laws 
be  faithfully  executed.'  If  he  cannot  remove  his  executive  offi 
cers,  it  is  impossible  that  he  can  perform  this  duty.  Every  in 
ferior  officer  might  set  up  for  himself,  might  violate  the  laws  of 
the  country,  and  put  him  at  defiance  whilst  he  would  remain 
perfectly  powerless.  He  could  not  arrest  their  career.  A  for 
eign  minister  might  be  betraying  and  disgracing  the  nation 
abroad,  without  any  power  to  recall  him  until  the  next  meeting 
of  the  Senate.  This  construction  of  the  Constitution  involves 
so  many  dangers,  and  so  many  absurdities,  that  it  could  not  be 
maintained  for  a  moment,  even  if  there  had  not  been  a  constant 
practice  against  it  of  almost  half  a  century. 

"  But  it  is  contended  by  the  senator  that  the  Secretary  of 
the  Treasury  is  a  sort  of  independent  power  in  the  State,  and 
is  released  from  the  control  of  the  executive.  And  why  ?  Sim 
ply  because  he  is  directed  by  law  to  make  his  annual  report  to 
Congress,  and  not  to  the  President.  If  this  position  be  correct, 
then  it  necessarily  follows  that  the  executive  is  released  from 
the  obligation  of  taking  care  that  the  numerous  and  important 
acts  of  Congress  regulating  the  fiscal  concerns  of  the  country 
shall  be  faithfully  executed.  The  Secretary  of  the  Treasury  is 
thus  made  independent  of  his  control.  What  would  be  the  po 
sition  of  this  officer  under  such  a  construction  of  the  Constitu 
tion  and  laws,  it  would  be  very  difficult  to  decide.  And  this 
wonderful  transformation  of  his  character  has  arisen  from  the 
mere  circumstance  that  Congress  have  by  law  directed  him  to 
make  an  annual  report  to  them  !  No,  sir,  the  executive  is  respon 
sible  to  Congress  for  the  faithful  execution  of  the  laws  ;  and  if  the 
present  or  any  other  President  should  prove  faith  less  to  his  high 
trust,  the  present  senate,  notwithstanding  all  which  has  been  said, 
would  be  as  ready  as  their  predecessors  to  inflict  condign  punish 
ment  upon  him,  in  the  mode  pointed  out  by  the  Constitution. 


SPEECH   ON  EXPUNGING  RESOLUTIONS.  1ST 

"  I  have  now  arrived  at  the  great  question  of  the  constitu 
tional  power  of  the  Senate  to  adopt  the  resolution  of  March, 
1834.  It  is  my  firm  conviction  that  the  Senate  possesses  no 
such  power  ;  and  it  is  now  my  purpose  to  establish  this  position. 
The  decision  on  this  point  must  depend  upon  a  true  answer  to 
the  question,  does  this  resolution  contain  any  impcachable 
charge  against  the  President  ?  If  it  does,  I  trust  I  shall  de 
monstrate  that  the  Senate  violated  its  constitutional  duty  in 
proceeding  to  condemn  him  in  this  manner.  I  shall  again  read 
the  resolution : 

"  '  Resolved,  That  the  President  in  the  late  executive  proceed 
ings,  in  relation  to  the  public  revenue,  has  assumed  upon  him 
self  authority  and  power  not  conferred  by  the  Constitution  and 
laws,  but  in  derogation  of  both.' 

"  This  language  is  brief  and  comprehensive.  It  comes  at 
once  to  the  point.  It  bears  a  striking  impress  of  the  character 
of  the  senator  from  Kentucky.  Does  it  charge  an  impeachable 
offence  against  the  President  ? 

"  The  fourth  section  of  the  second  article  of  the  Constitution 
declares,  '  that  the  President,  Vice  President,  and  all  civil  offi 
cers  of  the  United  States,  shall  be  removed  from  office  on  im 
peachment  for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  or  misdemeanors.7 

"  It  has  been  contended  that  this  condemnatory  resolution 
contains  no  impeachable  offence,  because  it  charges  no  criminal 
intention  against  the  President ;  and  I  admit  that  it  does  not 
attribute  to  him  any  corrupt  motive  in  express  words,  Is  this 
sufficient  to  convince  the  judgment  of  any  impartial  man  that 
none  such  was  intended  ?  Let  us,  for  a  few  moments,  examine 
this  proposition.  If  it  be  well  founded,  the  Senate  may  forever 
hereafter  usurp  the  power  of  trying,  condemning,  and  destroy 
ing  any  officer  of  the  government,  without  affording  him  the 
slightest  opportunity  of  being  heard  in  his  defence.  They  may 
thus  abuse  their  power,  and  prostrate  any  object  of  their  ven 
geance.  It  seems  we  have  now  made  the  discovery  that  the 


188  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

Senate  are  authorized  to  exert  this  tremendous  power  ;  thai 
they  may  thus  assume  to  themselves  the  office  both  of  accuser 
and  of  judge,  provided  the  indictment  contains  no  express  alle 
gation  of  a  criminal  intention.  The  President,  or  any  officer  of 
the  government,  may  be  denounced  by  the  Senate  as  a  violator 
of  the  Constitution  of  his  country,  as  derelict  in  the  performance 
of  his  public  duties,  provided  there  be  no  express  imputation 
of  an  improper  motive.  The  characters  of  men  whose  reputa 
tion  is  dearer  to  them  than  their  lives  may  thus  be  destroyed 
They  may  be  held  up  to  public  execration  by  the  omission  of  a 
few  formal  words.  The  condemnation  of  the  Senate  carries 
with  it  such  a  moral  power,  that  perhaps  there  is  no  man  in  the 
United  States,  except  Andrew  Jackson,  who  could  have  resisted 
its  force.  No,  sir  ;  such  an  argument  can  never  command  con 
viction.  That  which  we  have  no  power  to  do  directly,  we  can 
never  accomplish  by  indirect  means.  We  cannot  by  resolution 
convict  a  man  of  an  impeachable  offence,  merely  because  we 
may  omit  the  formal  words  of  an  impeachment.  We  cannot 
regard  the  substance  of  things  and  not  the  mere  form. 

"  But  again,  although  a  criminal  intention  be  not  charged 
in  so  many  words  by  this  resolution,  yet  its  language,  even 
without  the  attending  circumstances,  clearly  conveys  this  mean 
ing.  The  President  is  charged  with  having  '  assumed  upon  him 
self  authority  and  power  not  conferred  by  the  Constitution  and 
laws,  but  in  derogation  of  both/  '  Assumed  upon  himself  1' 
What  is  the  plain,  palpable  meaning  of  this  phrase,  connected 
with  what  precedes  and  follows  ?  Is  it  not  '  to  arrogate,7  to 
'  claim  or  seize  unjustly  ¥  These  are  two  of  the  first  meanings 
of  the  word  assume,  according  to  the  lexicographers.  To  as 
sume  upon  one's  self  is  a  mode  of  expression  which  is  rarely 
taken  in  a  good  sense.  As  it  is  used  here,  I  ask  if  any  man  of 
plain,  common  understanding,  after  reading  this  resolution, 
would  ever  arrive  at  the  conclusion  that  any  senator  voted  for 
it  under  the  impression  that  the  President  was  innocent  of  any 
improper  intention,  and  that  he  violated  the  Constitution  from 


SPEECH   ON  EXPUNGING  KESOLUTIONS.  189 

mer.e  mistake,  and  from  pure  motives  ?  The  common  sense  of 
mankind  revolts  at  the  idea.  How  can  it  be  contended  for  a 
single  moment,  that  yon  can  denounce  the  President  as  a  man 
who  had  'assumed  upon  himself  the  power  of  violating  the 
laws  and  the  Constitution  of  his  country,  and  in  the  same 
breath  declare  that  you  had  not  the  least  intention  to  criminate 
him,,  and  that  your  language  was  altogether  inoffensive.  The 
two  propositions  are  manifestly  inconsistent. 

"But  I  go  one  step  further.  If  we  were  sitting  as  a  court  of 
impeachment,  and  the  bare  proposition  were  established  to 
our  satisfaction,  that  the  President  had,  in  violation  of  the 
Constitution  and  laws,  withdrawn  the  public  revenue  of  the 
country  from  the  depositary  to  whose  charge  Congress  had 
committed  it,  and  assumed  the  control  over  it  himself,  we  would 
be  bound  to  convict  him  of  a  high  official  misdemeanor  r  Under 
such  circumstances,  we  should  be  bound  to  infer  a  criminal  in 
tention  from  this  illegal  and  unconstitutional  act.  Criminal 
justice  could  never  be  administered,  society  could  not  exist  if 
the  tribunals  of  the  country  should  not  attribute  evil  motives 
to  illegal  and  unconstitutional  conduct.  Omniscience  alone  can 
examine  the  heart.  When  poor,  frail  man  is  placed  in  the 
judgment  seat,  he  must  infer  the  intention  of  the  accused  from 
his  actions.  That  '  the  tree  is  known  by  its  fruits/  is  an  axiom 
which  we  have  derived  from  the  fountain  of  all  truth.  Does  a 
poor,  naked,  hungry  wretch,  at  this  inclement  season  of  the 
year,  take  from  my  pocket  a  single  dollar,  the  law  infers  a 
criminal  intent,  and  he  must  be  convicted  and  punished  as  a 
thief,  though  he  may  have  been  actuated  by  no  other  motive 
than  that  of  saving  his  wife  and  children  from  starvation. 
And  shall  a  different  rule  be  applied  to  the  President  of  the 
United  States?  Shall  it  be  said  of  a  man  elevated  to  the 
highest  station  on  earth,  for  his  wisdom,  his  integrity,  and  his 
virtues,  with  all  his  constitutional  advisers  around  him,  when 
he  violates  the  Constitution  of  his  country  and  usurps  the  con 
trol  over  its  entire  revenue,  that  he  may  successfully  defend 


190  LIF^    AND    SERVICES    OF   JAMES   BUCHANAN. 

himself  by  declaring  that  he  had  done  this  deed  without  any 
criminal  intention  ?  No,  sir  ;  in  such  a  case,  above  all  others, 
the  criminal  intention  must  be  inferred  from  the  unconstitu 
tional  exercise  of  high  and  dangerous  powers.  The  safety  of 
the  Republic  demands  that  the  President  of  the  United  States 
should  never  shelter  himself  behind  such  flimsy  pretexts.  This 
resolution,  therefore,  although  it  may  not  have  assumed  the 
form  of  an  article  of  impeachment,  possesses  all  the  substance. 

"  It  was  my  fate  some  years  ago  to  have  assisted  as  a  mana 
ger,  in  behalf  of  the  House  of  Representatives,  in  the  trial 
of  an  impeachment  before  this  body.  It  then  became  my  duty 
to  examine  all  the  precedents  in  such  cases  which  had  occurred 
under  our  government  since  the  adoption  of  the  Federal  Consti 
tution.  On  that  occasion  I  found  one  which  has  a  strong  bear 
ing  upon  this  question.  I  refer  to  the  case  of  Judge  Pickering. 
He  was  tried  and  condemned  by  the  Senate  upon  all  the  four 
articles  exhibited  against  him,  although  the  three  first  con 
tained  no  other  charge  than  that  of  making  decisions  contrary 
to  law,  in  a  cause  involving  a  mere  question  of  property,  and 
then  refusing  to  grant  the  party  injured  an  appeal  from  his 
decision,  to  which  he  was  entitled.  From  the  clear  violation 
of  the  law  in  this  case,  the  Senate  must  have  inferred  an  im 
pure  and  improper  motive. 

"  If  anything  further  were  wanting  to  prove  that  the  resolu 
tion  of  the  Senate  contained  a  criminal  and  impeachable  charge 
against  the  President,  it  might  be  demonstrated  from  all  the 
circumstances  attending  the  transaction.  Whilst  this  resolu 
tion  was  in  progress  through  the  Senate,  the  Bank  of  the  United 
States  was  employed  in  producing  panic  throughout  the  land, 
Much  actual  suffering  was  experienced  by  the  people,  and, 
where  that  did  not  exist,  they  dreaded  unknown  and  awful 
calamities.  Confidence  between  man  and  man  was  at  an  end. 
There  was  a  fearful  pause  in  the  business  of  the  country.  We 
were  then  engaged  in  the  most  violent  party  conflict  recorded 
in  our  annals.  To  use  the  language  of  the  senator  from  Ken- 


SPEECH   ON   EXPUNGING   RESOLUTIONS.  191 

tucky,  we  were  in  the  midst  of  a  revolution.  On  the  one  side 
it  was  contended  that  the  power  over  the  purse  of  the  nation 
had  been  usurped  by  the  President  ;  that  in  his  own  person  he 
had  united  this  power  with  that  of  the  sword,  and  that  the 
liberties  of  the  people  were  gone,  unless  he  could  be  arrested  in 
his  mad  career.  On  the  other  hand,  the  friends  of  the  Presi 
dent  maintained  that  the  removal  of  the  deposits  from  the 
Bank  of  the  United  States  was  an  act  of  stern  justice  to  the 
people,  that  it  was  strictly  legal  and  constitutional,  that  he  was 
impelled  to  it  by  the  highest  and  purest  principles  of  patriotism, 
and  that  it  was  the  only  means  of  prostrating  an  institution 
which  threatened  the  destruction  of  our  dearest  rights  and 
liberties.  During  this  terrific  conflict  public  indignation  was 
aroused  to  such  a  degree,  that  the  President  received  a  great 
number  of  anonymous  letters  threatening  him  with  assassination^ 
unless  he  should  restore  the  deposits. 

"  It  was  during  the  pending  of  this  conflict  throughout  the 
country,  that  the  senator  from  Kentucky  thought  proper,  on 
the  26th  of  December,  1832,  to  present  his  condemnatory  reso 
lution  to  the  Senate,  and  here,  sir,  permit  me  to  say,  that  I  do 
not  believe  there  was  any  corrupt  connection  between  any 
senator  upon  this  floor  and  the  Bank  of  the  United  States. 
But  it  was  at  this  inauspicious  moment  that  the  resolution,  was 
introduced.  How  was  it  supported  by  the  senator  from  Ken 
tucky  ?  He  told  us  that  a  revolution  had  already  commenced. 
He  told  us,  that  by  the  3d  of  March,  1837,  if  the  progress  of 
innovation  should  continue,  there  would  be  scarcely  a  vestige 
remaining  of  the  government  and  policy,  as  they  had  existed 
prior  to  the  3d  of  March,  1829.  That  in  a  term  of  years,  a 
little  more  than  that  which  was  required  to  establish  our  liber 
ties,  the  government  would  be  transformed  into  an  elective 
monarchy — the  worst  of  all  forms  of  government.  He  com 
pared  the  measure  adopted  by  General  Jackson  with  the  con 
duct  of  the  usurping  Caesar,  who,  after  he  had  overrun  Italy  in 
sixty  days,  and  conquered  the  liberties  of  his  native  country, 


192  LIFE  AND   SERVICES   OP  JAMES   BUCHANAN. 

terrified  the  tribune,  Metellus,  who  guarded  the  treasury  of  the 
Roman  people,  and  seized  it  by  open  force.  He  declared  that 
the  President  had  perpretrated  an  open,  palpable,  and  daring 
usurpation.  He  concluded  by  asserting  that  the  premonitory 
symptoms  of  despotism  were  upon  us,  and  if  Congress  did  not 
apply  an  instantaneous  and  effectual  remedy,  the  fatal  collapse 
would  soon  come  on,  and  we  should  die — ignobly 'die — base, 
mean,  and  abject  slaves,  the  scorn  and  contempt  of  mankind, 
unpitied,  unwept,  and  unmourned.  What  a  spectacle  was  then 
presented  in  this  chamber !  We  are  told,  in  the  reports  of  the 
day,  that  when  he  took  his  seat,  there  was  repeated  and  loud 
applause  in  the  galleries.  This,  it  will  be  remembered,  was  the 
introductory  speech  of  the  senator.  In  my  opinion,  it  was  one 
of  the  ablest  and  most  eloquent  of  all  his  able  and  eloquent 
speeches.  He  was  then  riding  upon  the  whirlwind  and  direct 
ing  the  storm.  At  the  time  I  read  it,  for  I  was  not  then  in 
the  Senate,  it  reminded  me  of  the  able,  the  vindictive,  and  the 
eloquent  appeal  A  Mr.  Burke  before  the  House  of  Lords,  on 
the  impeachment  of  Warren  Hastings,  in  which  he  denounced 
that  Governor- General  as  the  ravager  and  oppressor  of  India, 
and  the  scourge  of  the  millions  placed  under  his  authority. 

"  And  yet,  we  are  now  told  that  this  resolution  did  not  in 
tend  to  impute  any  criminal  motive  to  the  President  ;  that  he 
was  a  good  old  man,  though  not  a  good  constitutional  lawyer, 
and  that  he  knew  better  how  to  wield  the  sword  than  to  con 
strue  the  Constitution." 

Mr.  Clay  here  rose  to  explain.  He  said,  "  I  never  have 
said,  and  never  will  say,  that  personally  I  acquitted  the  Presi 
dent  of  any  improper  intention.  I  lament  that  I  cannot  say  it. 
But  what  I  did  say  was,  that  the  act  of  the  Senate  of  1834  is 
free  from  the  imputation  of  any  criminal  motives." 

"  Sir  (said  Mr.  B.),  this  avowal  is  in  character  with  the 
frank  and  manly  nature  of  the  senator  from  Kentucky.  It  is 
no  more  than  what  I  expected  from  him.  The  imputation  of 
any  improper  motive  to  the  President  has  been  again  and  again 


SPEECH    ON    EXPUNGING   RESOLUTIONS.  193 

disclaimed  by  other  senators  upon  this  floor.  The  senator 
from  Kentucky  has  now  boldly  come  out  in  his  true  colors,  and 
avows  the  principles  which  he  held  at  the  time.  He  acknow 
ledges  that  he  did  not  acquit  the  President  from  improper  inten 
tions,  when  charging  him  with  a  violation  of  the  Constitution  of 
his  country. 

"  This  trial  of  the  President  before  the  Senate,  continued  for 
three  months.  During  this  whole  period,  instead  of  the  evi 
dence  which  a  judicial  tribunal  ought  to  receive,  exciting  me 
morials,  signed  by  vast  numbers  of  the  people,  and  well  calcula 
ted  to  inflame  the  passions  of  his  judges,  were  poured  in  upon 
the  Senate.  He  was  denounced  upon  this  floor  by  every  odious 
epithet  which  belongs  to  tyrants.  Finally,  the  obnoxious  reso 
lution  was  adopted  by  a  vote  of  the  Senate,  on  the  28th  day  of 
March,  1834. 

"  After  the  exposition  which  I  have  made,  can  any  impartial 
mind  doubt  but  that  this  resolution  intended  to  charge  against 
the  President  a  willful  and  daring  violation  of  the  Constitution 
and  the  laws  ?  I  think  not. 

"  The  senator  from  Kentucky  has  argued,  with  his  usual 
power,  that  the  functions  of  the  Senate,  acting  in  a  legislative 
capacity,  are  not  to  be  restricted,  because  it  is  possible  that  the 
same  question  in  another  form,  may  come  before  us  judicially. 
I  concur  in  the  truth  and  justice  of  this  position.  We  must 
perform  our  legislative  duties  ;  and  if,  in  the  investigation  of 
facts,  having  legislation  distinctly  in  view,  we  should  incident 
ally  be  led  to  the  investigation  of  criminal  charges,  it  is  a  ne 
cessity  imposed  upon  us  by  our  condition,  from  which  we  can 
not  escape.  It  results  from  the  varying  nature  of  our  duties, 
and  not  from  our  own  will.  I  admit  that  it  would  be  difficult 
to  mark  the  precise  line  which  separates  our  legislative  from 
our  judicial  functions.  I  shall  not  attempt  it.  In  many  cases, 
from  necessity,  they  are  in  some  degree  intermingled.  The  pre 
sent  resolution,  however,  stands  far  in  advance  of  this  line.  It 
is  placed  in  bold  relief,  and  is  clear  of  all  such  difficulties.  It 

9 


194  LIFE   AND    SEE  VICES   OF   JAMES  BUCHANAN. 

is  a  mere  marked  resolution  of  censure.  It  refers  solely  to  the 
past  conduct  of  the  President,  and  condemns  it  in  the  strongest 
terms,  without  even  proposing  any  act  of  legislation  by  which 
the  evil  may  be  remedied  hereafter.  It  was  judgment  upon  the 
past  alone  ;  not  prevention  for  the  future.  Nay  more,  the 
resolution  is  so  vague  and  general  in  its  terms,  that  it  is  impos 
sible  to  ascertain  from  its  face  the  cause  of  the  President's  con 
demnation.  The  Senate  have  resolved  that  the  executive  '  has 
assumed  upon  himself  authority  and  power  not  conferred  by  the 
Constitution  and  laws,  but  in  derogation  of  both.'  What  is  the 
specification  under  this  charge  ?  Why,  that  he  has  acted  thus, 
'  in  the  late  executive  proceedings  in  relation  to  the  public  rev 
enue.'  What  executive  proceedings  ?  The  resolution  leaves 
us  entirely  in  the  dark  upon  this  subject.  How  could  any  legis 
lation  spring  from  such  a  resolution  ?  It  is  impossible.  None 
such  was  ever  attempted. 

"  If  the  resolution  had  preserved  its  original  phraseology,  if 
it  had  ci  >ndemned  the  President  for  dismissing  one  Secretary  of 
the  Treasury  because  he  would  net  remove  the  deposits,  and 
for  appointing  his  successor  to  effect  this  purpose,  the  senator 
might  then  have  contended  that  the  evil  was  distinctly  pointed 
out  ;  and  although  no  legislation  was  proposed,  the  remedy 
might  be  applied  hereafter.  But  he  has  deprived  himself  even  of 
this  feeble  argument.  He  has  left  us  upon  an  ocean  of  uncer 
tainty,  without  a  chart  or  compass.  '  The  late  executive  pro 
ceedings  in  relation  to  the  revenue,'  is  a  phrase  of  the  most 
general  and  indefinite  character.  Every  senator  who  voted  in 
favor  of  this  resolution  may  have  acted  upon  different  principles. 
To  procure  its  passage,  nothing  more  was  necessary  than  that 
a  majority  should  unite  in  the  conclusion  that  the  President 
had  violated  the  Constitution  and  the  laws  in  some  one  or 
other  of  his  numerous  acts  in  relation  to  the  public  revenue. 
The  views  of  the  senators  constituting  the  majority  may  have 
varied  from  each  other  to  any  conceivable  extent  ;  and  yet 
they  may  have  united  in  the  final  vote.  That  this  was  the  fact 


SPEECH   ON   EXPUNGING   RESOLUTIONS.  195 

to  a  considerable  extent  I  have  always  understood.  It  is  utterly 
impossible  either  that  such  a  proceeding  could  ever  have  been 
intended  to  become  the  basis  of  legislation,  or  that  legislative 
action  could  have  ever  sprung  from  such  a  source. 

''I  flatter  myself,  then,  I  have  succeeded  in  proving  that  this 
resolution  charged  the  President  with  a  high  official  misdemean 
or,  wholly  disconnected  from  legislation,  which,  if  true,  ought 
to  have  subjected  him  to  impeachment.  This  brings  me  direct 
ly  to  the  question,  had  the  Senate  any  power  under  the  Consti 
tution,  to  adopt  such  a  resolution  ?  In  other  words,  can  the 
Senate  condemn  a  public  officer,  by  a  simple  resolution  for  an 
offence  which  would  subject  him  to  an  impeachment  ?  To  state 
the  proposition,  is  to  answer  this  question  in  the  negative. 
Dreadful  would  be  the  consequences,  if  we  possess  and  should 
exercise  such  a  power. 

"  This  body  is  invested  with  high  and  responsible  powers,  of 
a  legislative,  an  executive,  and  a  judicial  charcter.  No  person 
can  enter  it  until  he  has  attained  a  mature  age.  Our  term  of 
service  is  longer  than  that  of  any  other  elective  functionary. 
If  senators  will  have  it  so,  it  is  the  most  aristocratic  branch  of 
our  government.  For  what  purpose  did  the  framers  of  the 
Constitution  confer  upon  it  those  varied  and  important  powers, 
and  this  long  tenure  of  office  ?  The  answer  is  plain.  It  was 
placed  in  this  secure  and  elevated  position,  that  it  might  be 
above  the  storms  of  faction  which  so  often  inflame  the  passions 
of  men.  It  never  was  intended  to  be  an  arena  for  political 
gladiators  Until  the  second  session  of  the  third  Congress,  the 
Senate  always  sat  with  closed  doors,  except  in  the  single 
instance  when  the  eligibility  of  Mr.  Gallatin  to  a  seat  in  the 
body  was  the  subject  under  discussion.  Of  this  particular 
practice,  however,  I  cannot  approve.  I  merely  state  it  to  show 
the  intention  of  those  who  formed  the  Constitution.  I  was 
informed  by  one  of  the  most  eminent  statesmen  and  senators 
which  this  country  has  ever  produced,  now  no  more  (the  late 
Mr.  King),  that  for  some  years  after  the  federal  government 


196  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

commenced  its  operation,  the  debates  of  the  Senate  resembled 
conversations  rather  than  speeches,  and  that  it  originated  but 
few  legislative  measures.  Senators  were  then  critics  rather 
than  authors  in  legislation.  Whether  its  gain  in  eloquence 
since  it  has  become  a  popular  assembly,  and  since  the  sound  of 
thundering  applause  has  been  heard  in  our  galleries  at  the 
denunciation  of  the  President,  has  been  an  equivalent  for  its 
loss  in  true  dignity,  may  well  be  doubted.  To  give  this  body 
its  just  influence  with  the  people,  it  ought  to  preserve  itself  as 
free  as  possible  from  angry  political  discussions.  In  the  per 
formance  of  our  executive  duties — in  the  notification  of  treaties 
and  in  the  confirmation  of  nominations — the  Constitution  has 
connected  us  with  the  executive.  The  efficient  and  successful 
administration  of  the  government,  therefore,  requires  that  we 
should  move  on  together  in  as  much  harmony  as  may  be 
consistent  with  the  independent  exercise  of  our  respective 
functions. 

"  But,  above  all,  we  should  be  the  most  cautious  in  guarding 
our  judicial  character  from  suspicion.'  We  constitute  the  high 
court  of  impeachment  of  this  nation,  before  which  every  officer 
of  the  government  may  be  arraigned.  To  this  tribunal  is  com 
mitted  the  character  of  men,  whose  character  is  far  dearer  to 
them  than  their  lives.  We  should  be  the  rock  standing  in  the 
midst  of  the  ocean  for  the  purpose  of  affording  a  shelter  to  the 
faithful  officer  from  unjust  persecution,  against  which  the  billows 
might  dash  themselves  in  vain.  Whilst  we  are  a  terror  to  evil 
doers,  we  should  be  a  praise  to  those  who  do  well.  We  should 
never  voluntarily  perform  any  act  which  might  prejudice  our 
judgment,  or  render  us  suspected  as  a  judicial  tribunal.  More 
especially  when  the  President  of  the  United  States  is  arraigned 
at  the  bar  of  public  opinion,  for  offences  which  might  subject 
him  to  an  impeachment,  we  should  remain  not  only  chaste  but 
unsuspected.  Better,  infinitely  better,  would  it  be  for  us  not 
to  manifest  our  feeling,  even  in  a  case  in  which  we  were 
morally  certain  the  House  of  Kepresentatives  would  not  prefer 


SPEECH   ON   EXPUNGING   RESOLUTIONS.'  197 

before  us  articles  of  impeachment,  than  to  reach  the  object  of 
our  disapprobation  by  a  usurpation  of  their  rights.  It  is  true 
that  when  the  Senate  passed  the  resolution  condemning  the 
President,  a  majority  in  the  House  were  of  a  different  opinion. 
But  the  next  elections  might  have  changed  that  majority  into  a 
minority.  The  House  might  then  have  voted  articles  of  impeach 
ment  against  the  President/  Under  such  circumstances  I  pray 
you  to  consider  in  what  a  condition  the  Senate  would  have  been 
placed.  They  had  already  pre-judged  the  case.  They 'had 
already  convicted  the  President,  and  denounced  him  to  the 
world  as  a  violator  of  the  Constitution.  In  criminal  prosecu 
tions,  even  against  the  greatest  malefactor,  if  a  juror  has  pre 
judged  the  cause,  he  cannot  enter  the  jury-box.  The  Senate 
had  rendered  itself  wholly  incompetent  in  this  case,  to  perform 
its  highest  judicial  functions.  The  trial  of  the  President,  had 
articles  of  impeachment  been  preferred  against  him,  would  have 
been  but  a  solemn  mockery  of  justice. 

"  The  Constitution  of  the  United  States  has  carefully  pro 
vided  against  such  an  enormous  evil,  by  declaring  that  '  the 
House  of  Representatives  shall  have  the  sole  power  of  impeach 
ment/  and  'the  Senate  shall  have  the  sole  power  to  try  all 
impeachments.'  Until  the  accused  is  brought  before  us  by  the 
House,  it  is  a  manifest  violation  of  our  solemn  duty  to  condemn 
him  by  a  resolution. 

"  If  a  court  of  criminal  jurisdiction,  without  any  indictment 
having  been  found  by  a  grand  jury,  without  having  given  the 
defendant  notice  to  appear,  without  having  afforded  him  an  oppor 
tunity  of  cross-examining  the  witnesses  against  him,  and  making 
his  defence,  should  resolve  that  he  was  guilty  of  a  high  crime, 
and  place  his  conviction  upon  their  records,  all  mankind  would 
exclaim  against  the  injustice  and  unconstitutionality  of  the  act. 
Wherein  consists  the  difference  between  this  case  and  the  con 
demnation  of  the  President  ?  In  nothing,  except  that  such  a 
conviction  by  the  Senate,  on  account  of  its  exalted  character, 
would  fall  with  tenfold  force  upon  its  object.  I  have  often  been 


198  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

astonished,  notwithstanding  the  extended  and  well-deserved 
popularity  of  General  Jackson,  that  the  moral  influence  of  this 
condemnation  by  the  Senate  had  not  crushed  him.  With  what 
tremendous  effect  might  this  assumed  power  of  the  Senate  be 
used  to  blast  the  reputation  of  any  man  who  might  fall  under 
its  displeasure.  The  precedent  is  extremely  dangerous,  and  the 
American  people  have  wisely  determined  to  blot  it  out  for 
ever. 

"  It  is  painful  to  reflect  what  might  have  been  the  condition 
of  the  country,  if  at  the  inauspicious  moment  of  the  passage  of 
the  resolution  against  the  President,  its  interests  and  its  honor 
had  rendered  it  necessary  to  engage  in  a  foreign  war.  The 
fearful  consequences  of  "such  a  condition,  at  such  a  moment, 
must  strike  every  mind.  Would  the  Senate  then  have  confided 
to  the  President  the  necessary  power  to  defend  the  country  ? 
Where  could  the  sinews  of  war  have  been  found  ?  In  what 
condition  was  this  body  at  that  moment  to  act  upon  an  impor 
tant  treaty  negotiated  by  the  President,  or  upon  any  of  his 
nominations  ?  But  I  forbear  to  enlarge  upon  this  topic. 

"  I  have  now  arrived  at  the  last  point  in  this  discussion.  Do 
the  Senate  possess  the  power,  under  the  Constitution,  of 
expunging  the  resolution  of  March,  1834,  from  their  journals, 
in  the  manner  proposed  by  the  senator  from  Missouri  (Mr. 
Benton)  ?  I  cheerfully  admit  that  we  must  show  that  this  is 
not  contrary  tp  the  Constitution  ;  for  we  can  never  redress  one 
violation  of  that  instrument  by  committing  another.  Before  I 
proceed  to  this  branch  of  the  subject,  I  shall  put  myself  right 
by  a  living  historical  reminiscence.  I  entered  the  Senate  in 
December,  1834,  fresh  from  the  ranks  of  the  people,  without 
the  slightest  feeling  of  hostility  against  any  senator  on  this  floor. 
I  then  thought  that  the  resolution  of  the  senator  from  Missouri 
was  too  severe  in  proposing  to  expunge.  Although  I  was 
anxious  to  record,  in  strong  terms,  my  entire  disapprobation  of 
the  resolution  of  March,  1834,  yet  I  was  willing  to  accomplish 
this  object  without  doing  more  violence  to  the  feelings  of  my 


SPEECH   ON  EXPUNGING  RESOLUTIONS.  199 

associates  on  this  floor  than  was  absolutely  necessary  to  justify 
the  President.  Actuated  by  these  friendly  motives,  I  exerted 
all  my  little  influence  with  the  senator  from  Missouri,  to  induce 
him  to  abandon  the  word  expunge,  and  substitute  some  others 
in  its  place.  I  knew  that  this  word  was  exceedingly  obnoxious 
to  the  senators  who  had  voted  for  the  former  resolution. 
Other  friends  of  his  also  exerted  their  influence,  and  at  length 
his  kindly  feelings  prevailed,  and  he  consented  to  abandon  that 
word,  although  it  was  peculiarly  dear  to  him.  I  speak  from 
my  own  knowledge,  '  All  which  I  saw,  and  part  of  which  I 
was.' 

"  The  resolution  of  the  senator  from  Missouri  came  before 
the  Senate  on  the  3d  of  March,  1835.  Under  it  the  resolution 
of  March,  1834,  was  '  ordered  to  be  expunged  from  the  journal/ 
for  reasons  appearing  on  its  face,  which  I  need  not  enumerate. 
The  senator  from  Tennessee  (Mr.  White),  moved  to  amend 
the  resolution  of  the  senator  from  Missouri,  by  striking  out  the 
order  to  expunge,  with  the  reasons  for  it,  and  inserting  in  their 
stead  the  words  '  rescinded,  reversed,  repealed,  and  declared  to 
be  null  and  void.'  Some  difference  of  opinion  then  arose 
among  the  friends  of  the  administration  as  to  the  words  which 
should  be  substituted  in  place  of  the  order  to  expunge.  For 
the  purpose  of  leaving  this  question  perfectly  open,  you,  sir 
(Mr.  King,  of  Alabama,  was  in  the  chair),  then  moved  to 
amend  the  original  motion  of  Mr.  Benton  by  striking  out  the 
words  '  ordered  to  be  expunged  from  the  journal  of  the  Senate.' 
This  motion  prevailed  on  the  ayes  and  noes  by  a  vote  of  thirty- 
nine  to  seven,  and  amongst  the  ayes  the  name  of  the  senator 
from  Missouri  is  recorded.  The  resolution  was  thus  left  a 
blank  in  its  most  essential  feature,  ready  to  be  filled  up  as  the 
Senate  might  direct.  The  era  of  good  feeling  in  regard  to  the 
subject  had  commenced.  It  was  nipped  in  the  bud,  however, 
by  the  senator  from  Massachusetts  (Mr.  Webster).  Whilst 
the  resolution  was  still  in  blank,  he  rose  in  his  place,  and  pro 
claimed  the  triumph  of  the  Constitution  by  the  vote  to  strike  out 


200  LIFE  AND    SERVICES    OF   JAMES    BUCHANAN. 

the  word  expunge,  and  then  moved  to  lay  the  resolution  on  the 
table,  declaring  that  he  would  neither  withdraw  his  motion  for 
friend  nor  foe.  This  motion  precluded  all  amendment  and  all 
debate.  It  prevailed  by  a  party  vote  ;  and  thus  we  were  left 
with  our  resolution  a  blank.  Such  was  the  manner  in  which  the 
senators  in  opposition  received  our  advances  of  courtesy  and 
kindness,  in  the  moment  of  their  strength  and  our  weakness. 
Had  the  senator  from  Massachusetts  suffered  us  to  proceed  but 
for  five  minutes,  we  should  have  filled  up  the  blank  in  the  reso 
lution.  It  would  then  have  assumed  a  distinct  form,  and  they 
would  never  afterwards  have  heard  of  the  word  expunge.  We 
should  have  been  content  with  the  words  '  rescinded,  reversed, 
repealed,  and  declared  to  be  null  and  void.'  But  the  conduct 
of  the  senator  from  Massachusetts  on  that  occasion,  and  that 
of  the  party  with  which  he  acted,  roused  the  indignation  of 
every  friend  of  the  administration  on  this  floor.  We  then 
determined  that  the  word  expunge  should  never  again  be  sur 
rendered. 

"  The  senator  from  Kentucky  has  introduced  a  precedent 
from  the  proceedings  of  the  House  of  Representatives  of  Penn 
sylvania,  for  the  purpose  of  proving  that  we  have  no  right  to 
adopt  this  resolution.  To  this  I  can  have  no  possible  objection. 
But  I  can  tell  the  senator,  if  I  were  convinced  that  I  had  voted 
wrong  when  comparatively  a  boy,  more  than  twenty  years  ago, 
the  fear  of  being  termed  inconsistent  would  not  now  deter  me 
from  voting  right  upon  the  same  question.  I  do  not,  however, 
repent  of  my  vote  upon  that  occasion.  I  would  now  vote  in  the 
same  manner  under  similar  circumstances.  I  should  not  vote 
to  expunge,  under  any  circumstances,  any  proceeding  from  the 
journal,  by  obliterating  the  record.  If  I  do  not  prove  before  I 
take  my  seat,  that  the  case  in  the  legislature  of  Pennsylvania 
was  essentially  different  from  that  now  before  the  Senate,  I 
shall  agree  to  be  proclaimed  inconsistent  and  time-serving. 

"  It  was  my  settled  conviction,  at  the  commencement  of  the 
last  session  of  Congress,  that  the  Senate  had  no  power  to 


SPEECH   ON   EXPTJNGING   RESOLUTIONS.  201 

obliterate  their  journal.  This  was  shaken,  but  not  removed,  by 
the  argument  of  the  senator  from  Louisiana  (Mr.  Porter),  who 
confessedly  made  the  ablest  speech  on  the  other  side  of  the 
question.  The  Constitution  declares  that  '  each  house  shall 
keep  a  journal  of  its  proceedings,  and  from  time  to  time  publish 
the  same,  excepting  such  parts  as  may  in  their  judgment  require 
secrecy.'  What  was  the  position  which  that  senator  then 
attempted  to  maintain  ?  In  order  to  prove  that  we  had  no 
power  to  obliterate  or  destroy  our  journals,  he  thought  it  neces 
sary  to  contend  that  the  word  '  keep,'  as  used  in  the  Constitu 
tion,  means  both  to  record  and  to  preserve.  This  appeared  to 
me  *o  be  a  mere  begging  of  the  question. 

"  I  shall  attempt  no  definition  of  the  word  '  keep.'  At  least 
since  the  days  of  Plato,  we  know  that  definitions  have  been 
dangerous-;  Yet,  I  think  that  the  meaning  of  the  word,  as  ap 
plied  to  the  subject-matter,  is  so  plain,  that  he  who  runs  may 
read.  If  I  direct  my  agent  to  keep  a  journal  of  his  proceedings, 
and  publish  the  same,  my  palpable  meaning  is,  that  he  shall 
write  these  proceedings  down  from  day  to  day,  and  publish 
what  he  has  written  for  general  information.  After  he  has 
obeyed  my  commands,  after  he  has  kept  his  journal  and  pub 
lished  it  to  the  world,  he  has  executed  the  essential  part  of  the 
trust  confided  to  him.  What  may  become  of  this  original 
manuscript  journal  afterwards,  is  a  matter  of  total  indifference. 
So  in  regard  to  the  manuscript  journal  of  either  House  of  Con 
gress  ;  after  more  than  a  thousand  copies  have  been  printed 
and  published,  and  distributed  over  the  Union,  it  is  a  matter  of 
not  the  least  importance  what  disposition  may  be  made  of  them. 
They  have  answered  their-  purpose,  and  in  any  practical  view 
become  useless.  If  they  were  burnt  or  otherwise  destroyed,  it 
would  not  be  an  event  of  the  slightest  public  consequence. 
Such  indifference  has  prevailed  upon  this  subject,  that  these 
journals  have  been  considered,  in  the  House  of  Representatives, 
as  so  much  waste  paper,  and,  during  a  period  of  thirty-four 
years  after  the  organization  of  the  government,  they  were 

9* 


202  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

actually  destroyed.  From  this  circumstance  no  public  or  pri 
vate  inconvenience  has  been  or  ever  can  be  sustained,  because 
our  printed  journals  are  received  in  evidence  in  all  courts  of 
justice,  in  the  same  manner  as  if  the  originals  were  produced. 

"  The  senator  from  Louisiana  has  discovered  that  to  'keep' 
means  both  '  to  record '  and  '  to  preserve.'  But  can  you  give 
this,  or  any  other  word  in  the  English  language,  two  distinct 
and  independent  meanings  at  the  same  time,  as  applied  to  the 
same  subject  ?  I  think  not.  From  the  imperfection  of  human 
language,  from  the  impossibility  of  having  appropriate  words  to 
express  every  idea,  the  same  words,  as  applied  to  different  sub 
jects,  has  a  variety  of  significations.  As  applied  to  any  one 
subject,  it  cannot,  at  the  same  time,  convey  two  distinct  mean 
ings.  In  the  Constitution  it  must  mean  either  'to  write  down' 
or  '  to  preserve.'  It  cannot  have  both  significations. 

"  Let  senators  then  take  their  choice.  If  it  signifies  '  to  write 
down,'  as  it  unquestionably  does,  what  becomes  of  the  constitu 
tional  injunction  to  preserve  ?  The  truth  is,  that  the  Constitu 
tion  has  not  provided  what  shall  be  done  with  the  manuscript 
journal,  after  it  has  served  the  purposes  for  which  it  was  called 
into  existence.  When  it  has  been  published  to  the  people  of 
the  United  States,  for  whose  use  it  was  ordered  to  be  kept, 
after  it  has  thus  been  perpetuated,  and  they  have  been  furnished 
with  the  means  of  judging  of  the  public  conduct  of  their  public 
servants,  it  ceases  to  be  an  object  of  the  least  importance. 
Whether  it  be  thrown  into  the  garret  of  the  capitol,  with  other 
useless  lumber,  or  be  destroyed,  is  a  matter  of  no  public  inte 
rest.  It  has  probably  never  once  been  referred  to  in  the  history 
of  our  government.  If  it  should  ever  be  determined  to  be  a 
violation  of  the  Constitution  to  obliterate  or  destroy  this  manu 
script  journal,  it  must  be  upon  different  principles  from  those 
which  have  been  urged  in  this  debate.  My  own  impression  is, 
that  as  the  framers  of  the  Constitution  have  directed  us  to  keep 
a  journal,  a  constructive  duty  may  be  implied  from  this  com 
mand,  which  would  forbid  us  to  obliterate  or  destroy  it.  Under 


SPEECH   ON  EXPUNGING   RESOLUTIONS.  203 

this  impression,  I  should  vote,  as  I  did  twenty  years  ago  in  the 
Legislature  of  Pennsylvania,  against  any  proposition  actually 
to  expunge  any  part  of  the  journal.  But,  waiving  this  unpro 
fitable  discussion,  let  ns  proceed  to(  the  real  point  in  contro 
versy. 

"  Is  any  such  proceeding  as  that  of  actually  expunging  the 
journal,  proposed  by  the  resolution  of  the  senator  from  Mis 
souri  ?  I  answer,  no  such  thing.  If  the  Constitution  had,  in 
express  terms,  directed  us  to  record  and  to  preserve  a  journal 
of  our  proceedings,  there  is  nothing  in  the  resolution  now  be 
fore  us  which  would  be  inconsistent  with  such  a  provision. 

"  Is  the  drawing  of  a  black  line  around  the  resolution  of  the 
Senate  of  March,  1834,  to  obliterate  or  to  deface  it  ?  On  the 
contrary,  is  it  not  to  render  it  more  conspicuous,  to  place  it  in 
bold  relief,  to  give  it  a  prominence  in  the  public  view  beyond 
any  other  proceeding  of  this  body  in  past,  and  I  trust,  in 'all 
future  time  ?  If  the  argument  of  senators  were,  not  that  we 
have  no  power  to  obliterate,  but  that  the  Senate  possesses  no 
power  to  render  one  portion  of  the  journal  more  conspicuous 
than  another, 'it  would  have  had  much  greater  force.  Why, 
sir,  by  means  of  this  very  proceeding,  that  portion  of  our  jour 
nal  upon  which  it  operates  will  be  rescued  from  a  slumber  which 
would  otherwise  have  been  eternal,  and  fac-similes  of  the 
original  resolution  without  a  word  or  letter  defaced,  will  be  cir 
culated  over  the  whole  Union. 

"  But,  sir,  this  resolution  also  directs,  that  across  the  face 
of  the  condemnatory  resolution,  there  shall  be  written  by  the 
secretary  :  '  Expunged  by  order  of  the  Senate,  this  day 

of  ,  in  the  year  of  our  Lord  1837. 

"  Will  this  obliterate  any  part  of  the  original  resolution  ? 
If  it  does,  the  duty  of  the  secretary  will  be  performed  in  a 
very  bungling  manner.  No  such  thing  is  intended.  It  would 
be  easy  to  remove  every  scruple  from  every  mind  upon  {his  sub 
ject,  by  amending  the  resolution  of  the  senator  from  Missouri, 
so  as  to  direct  the  secretary  to  perform  his  duty  in  such  a 


204  .LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

manner  as  not  to  obliterate  any  part  of  the  condemnatory 
resolution.  Such  a  direction,  however,  appears  to  me  to  be 
wholly  unnecessary.  The  nature  of  the  whole  proceeding  is 
very  plain.  We  now  adopt  a  resolution  expressing  our  strong 
reprobation  of  the  original  resolution,  and  for  this  purpose  we 
use  the  word  '  expunged '  as  the  strongest  term  which  we  can 
apply.  We  then  direct  our  secretary  to  draw  black  lines 
around  it,  and  place  such  a  reference  to  our  proceedings  of  this 
day  upon  its  face,  that  in  all  time  to  come,  whoever  may  in 
spect  this  portion  of  our  journal,  will  be  pointed  at  once  to 
the  record  of  its  condemnation.  What  lawyer  has  not  observed 
upon  the  margin  of  the  judgment  docket,  if  the  original  judg 
ment  has  been  removed  to  a  superior  court  and  there  reversed, 
a  minute  of  such  reversal  ?  In  our  editions  of  the  statutes, 
have  we  not  all  noted  the  repeal  of  any  of  them  which  may 
have  taken  place  at  a  subsequent  period  ?  Who  ever  heard, 
in  the  one  case  or  in  the  other,  that  this  was  obliterating  or 
destroying  the  record  or  the  book  ?  So  in  this  case  :  we  make 
a  mere  reference  to  our  future  proceedings  upon  the  face  of  the 
resolution  instead  of  the  margin.  Suppose  we  should  only  re 
peal  the  obnoxious  resolution,  and  direct  such  a  reference  to  be 
made  upon  its  face,  would  any  senator  contend  that  this  would 
be  an  obliteration  of  the  journal  ? 

"  But  it  has  been  contended  that  the  word  expunge  is  not 
an  appropriate  word  ;  and  we  have  wrested  it  from  its  true 
signification  in  applying  it  to  the  present  case.  Even  if  this 
allegation  were  correct,  the  answer  would  be  at  hand.  You 
might  then  convict  us  of  bad  taste,  but  not  for  violation  of  the 
Constitution.  On  the  face  of  the  resolution  we  have  stated 
distinctly  what  we  mean.  We  have  directed  the  secretary  in 
what  manner  he  shall  understand  it,  and  we  have  excluded  the 
idea  that  it  is  our  intention  to  obliterate  or  to  destroy  the 
journal. 

"  But  I  shall  contend  that  the  word  expunge  is  the  appropri 
ate  word,  and  that  there  is  not  another  in  the  English  language 


SPEECH   ON   EXPUNGING   RESOLUTIONS.  205 

so  precisely  adapted  to  convey  our  meaning.  I  shall  show 
from  the  highest  literary  and  parliamentary  authorities,  that 
this  word  has  acquired  a  signification  entirely  distinct  from 
that  of  actual  obliteration.  Let  me  proceed  immediately  to 
this  task.  After  citing  my  authorities,  I  shall  proceed  with 
the  argument.  First,  then,  for  those  of  a  literary  character  : 
I  read  from  Crabbe's  Synonyms,  page  140  (and  every  senator 
will  admit  that  this  is  a  work  of  established  reputation),  in 
speaking  of  the  use  of  the  word  '  expunge/  the  author  says  : 
'  When  the  contents  of  a  book  are  in  part  rejected,  they  are 
aptly  described  as  being  expunged  ;  in  this  manner  the  free 
thinking  sects  expunge  everything  from  the  Bible  which  does  not 
suit  their  purpose,  or  they  expunge  from  their  creed  what  does 
not  humor  their  passions.7  The  idea  that  an  actual  oblitera 
tion  was  intended  in  these  cases  would  be  manifestly  absurd. 
In  the  same  page  there  is  a  quotation  from  Mr.  Burke,  to  illus 
trate  the  meaning  of  this  word.  '  I  believe,'  says  he,  '  that 
any  person  who  was  of  age  to  take  a  part  in  public  concerns 
forty  years  ago  (if  the  intermediate  space  were  expunged  from 
his  memory),  could  hardly  credit  his  senses  when  he  should 
hear  that  an  army  of  two  hundred  thousand  men  were  kept  up 
on  this  island.  I  shall  now  cite  Mr.  Jefferson  -as  a  literary 
authority.  He  has  often  been  referred  to  on  this  floor  as  a 
standard  in  politics.  For  this  high  authority  I  am  indebted 
to  my  friend  from  Louisiana  (Mr.  Nicholas).  In  the  original 
draught  of  the  Declaration  of  Independence,  he  uses  the  word 
'  expunged '  in  the  following  manner  :  '  Such  has  been  the 
patient  sufferance  of  these  colonies,  and  such  is  now  the  neces 
sity  which  constrains  them  to  expunge  their  former  systems  of 
government.'  Although  the  word  '  alter '  was  afterwards  sub 
stituted  for  '  expunge,'  I  presume  upon  the  ground  that  this 
was  too  strong  a  term,  yet  the  change  does  not  detract  from 
the  literary  authority  of  the  precedent. — Jefferson's  Correspon 
dence,  and  1st  vol.  page  It. 

"  I  oresume  that  I  have  shown  that  the  word  '  expunge '  has 


206  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

acquired  a  distinct  metaphorical  meaning  in  our  literature, 
which  excludes  the  idea  of  actual  obliteration.  If  I  should  pro 
ceed  one  step  further,  and  prove  that  in  legislative  proceedings 
it  has  acquired  the  very  same  signification,  I  shall  then  have 
fully  established  my  position.  For  this  purpose  I  cite,  first,  '  the 
secret  proceedings  and  debates  of  the  Federal  Convention.'  In 
page  118  we  find  the  following  entries:  'On  motion  to 
expunge  the  clause  of  the  qualification  as  to  aye,  it  was  carried 
— ten  States  against  one.7 

"  Again :  'On  the  clause  respecting  the  ineligibility  to  any 
other  office,  it  was  moved  that  the  words,  "  by  any  particular 
State,"  be  expunged — four  States  for,  five  against,  and  two 
divided.'  See  page  119.  'The  last  blank  was  filled  up  with 
one  year,  and  carried — eight  ayes,  two  noes,  one  divided/ 

"  '  Mr.  Pinckney  moved  to  expunge  the  clause — agreed  to, 
nem.  con.' 

"  Again  :  '  Mr.  Butler  moved  to  expunge  the  clause  of  the 
stipends — lost ;  seven  against,  three  for,  one  divided.' 

"  Again,  in  page  157  :'  Mr.  Pinckney  moved  that  that  part 
of  the  clause  which  disqualifies  a  person  from  holding  an  office 
in  the  State  be  expunged,  because  the  first  and  best  characters 
in  a  State  may  thereby  be  deprived  of  a  seat  in  the  national 
council.' 

"  '  Question  put  to  strike  out  the  words  moved  for,  and  car 
ried — eight  ayes,  three  noes.' 

"  It  will  thus  be  perceived,  that  in  the  proceedings  of  the 
very  convention  which  formed  the  Constitution  under  which  we 
are  now  governed,  the  word  '  expunge '  was  often  used  in  its 
figurative  sense.  It  will  certainly  not  be  asserted,  or  even 
intimated,  by  any  senator  here,  that  when  these  motions  to 
expunge  prevailed,  the  words  of  the  original  draught  of  the 
Constitution  were  actually  obliterated  or  defaced.  The  mean 
ing  is  palpable.  These  provisions  were  merely  rejected,  not 
actually  blotted  out.  « 

"  But  I  shall  now  produce  a  precedent  precisely  in  point.     It 


SPEECH    ON   EXPUNGING   RESOLUTIONS.  207 

presents  itself  in  the  proceedings  of  the  Senate  of  Massachu 
setts,  and  refers  to  the  famous  resolution  of  that  body,  adopted 
on  the  15th  day  of  June,  1813,  in  relation  to  the  capture  of 
the  British  vessel  Peacock  ;  denouncing  the  late  war,  and 
declaring  that  it  was  not  becoming  in  a  moral  and  religious 
people  to  express  any  approbation  of  military  or  naval  exploits 
which  were  not  immediately  connected  with  the  defence  of  our 
sea  coast.  Some  ten  years  afterwards,  a  succeeding  Senate  of 
Massachusetts  adopted  the  following  resolution  : 

"  Resolved— That  the  aforesaid  resolve  of  the  15th  day  of  June,  A.  D., 
1813,  and  the  preamble  thereof,  be,  and  the  same  are  hereby  expunged 
from  the  journals  of  the  Senate." 

"It  is  self-evident  that  in  this  case  not  the  least  intention 
existed  of  defacing  the  old  manuscript  journal.  The  word 
'  expunge '  was  used  in  its  figurative  signification,  just  as  it  is  in 
the  case  before  us,  to  express  the  strongest  reprobation  of  the 
former  proceeding.  That  proceeding  was  to  be  expunged  solely 
by  force  of  the  subsequent  resolution,  and  not  by  any  actual 
obliteration.  There  never  was  any  actual  obliteration  of  the 
journal. 

"  Judging,  then,  from  the  highest  English  authorities,  from 
the  works  of  celebrated  authors  and  statesmen,  and  from  the 
proceedings  of  legislative  bodies,  is  it  not  evident  that  the  word 
'  expunge y  has  acquired  a  distinct  meaning,  altogether  inconsis 
tent  with  any  actual  obliteration  ? 

"  All  that  we  have  heard  about  defacing  and  destroying  the 
journal  are  mere  phantoms,  which  have  been  conjured  up  to 
terrify  the  timid.  We  intend  no  such  thing.  We  only  mean 
most  strongly  to  express  our  conviction  that  the  condemnatory 
resolution  ought  never  to  have  found  a  place  on  the  journal 
If  more  authorities  were  wanted,  I  might  refer  to  the  legisla 
ture  of  Virginia.  The  present  expunging  resolution  is  in  exact 
conformity  with  their  instructions  to  their  senators.  As  a  mat 
ter  of  taste,  I  cannot  say  that  I  much  admire  their  plan, 


208  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

though  I  entertain  no  doubt  that  it  is  perfectly  constitutional. 
That  State  is  highly  literary,  and  I  think  I  have  established 
that  their  legislature,  when  they  used  the  word  'expunge/ 
without  intending  thereby  to  effect  an  actual  obliteration  of  the 
journal,  justly  appreciated  the  meaning  of  the  language  which 
they  employed. 

"The  word  '  expunge  '  is  in  my  opinion  the  only  one  which 
we  could  have  used  clearly  and  forcibly  to  accomplish  our  pur 
pose.  Even  if  it  had  not  been  sanctioned  by  practice  as  a  par 
liamentary  word,  we  ought  ourselves  to  have  first  established 
the  precedent.  It  suits  the  case  precisely.  If  you  rescind,  re 
verse,  or  repeal  a  resolution,  you  thereby  admit  that  it  once 
had  constitutional  or  legal  authority.  If  ^ou  declare  it  to  have 
been  null  and  void  from  the  beginning,  this  is  but  the  expression 
of  your  own  opinion  that  such  was  the  fact.  This  word  '  ex 
punge'  acts  upon  the  resolution  itself.:  it  at  once  goes  to  its 
origin,  and  destroys  its  legal  existence,  as  if  it  had  never  been. 
It  does  not  merely  kill,  but  it  annihilates. 

"  Parliamentary  practice  has  changed  the  meaning  of  several 
other  words  from  their  primitive  signification  in  a  similar  man 
ner  with  that  of  the  word  '  expunge/  The  original  significa 
tion  of  the  word  '  rescind/  is  '  to  cut  off.'  Usage  has  made  it 
mean,  in  reference  to  a  law  or  resolution,  to  abrogate  or  repeal 
it.  We  every  day  hear  motions  '  to  strike  out.'  What  is 
the  literal  meaning  of  this  expression  ?  The  question  may  be 
best  answered  by  asking  another,  If  I  were  to  request  you 
to  strike  out  a  line  from  your  letter,  and  you  were  willing  to 
comply  with  my  request,  what  would  be  your  conduct  ?  You 
would  run  your  pen  through  it  immediately,  you  would  literally 
strike  it  out.  Yet,  what  use  do  we  make  of  this  phrase  every 
day  in  our  legislative  proceedings  ?  If  I  make  a  motion  to 
strike  out  a  section  from  a  bill,  and  it  prevails,  the  Secretary 
encloses  the  printed  copy  of  it  in  black  lines,  and  makes  a  note 
on  the  margin  that  it  has  been  stricken  out.  The  original  he 
never  touches.  Why,  then,  should  not  the  word  '  expunge/ 


SPEECH   ON   EXPUNGING   RESOLUTIONS.  209 

without  obliterating  the  proceedings  to  which  it  is  directed,  sig 
nify  to  destroy,  as  if  it  never  had  existed  ? 

"  After  all  that  has  been  said,  I  think  I  need  scarcely  again 
recur  to  the  Pennsylvania  precedent.  It  is  evident,  from  the 
whole  of  that  proceeding,  that  an  actual  expunging  of  the  jour 
nal  was  intended,  if  it  had  not  already  been  executed.  I  have 
no  recollection  whatever  of  the  circumstances,  but  I  am  under  a 
perfect  conviction,  from  the  face  of  the  journal,  that  such  was 
the  nature  of  the  case.  I  should  vote  now  as  I  did  then,  after 
a  period  of  more  than  twenty  years.  Both  my  vote  and  the 
motion  which  I  subsequently  made  upon  that  occasion,  evidently 
proceeded  upon  this  principle^  The  question  arose  in  this  man 
ner,  as  it  appears  from  the  journal :  On  the  10th  of  February, 
1816,  'The  Speaker  informed  the  House  that  a  constitutional 
question  being  involved  in  a  decision  by  him  yesterday,  on  a 
motion  to  expunge  certain  proceedings  from  the  journal,  he 
was  desirous  of  having  the  opinion  of  the  House  on  that  decision/ 
viz.  :  "  that  a  majority  can  expunge  from  the  journal  proceed 
ings  in  which  the  yeas  and  nays  have  not  been  called." '  Now, 
as  no  trace  whatever  appears  upon  the  journal  of  the  preceding 
day,  of  the  motion  to  which  the  Speaker  refers,  it  is  highly 
probable,  nay,  it  is  almost  certain,  that  the  proceedings  had 
been  actually  expunged  before  he  asked  the  advice  of  the 
House. 

"  No  man  feels  with  more  sensibility  the  necessity  which 
compels  him  to  perform  an  unkind  act  towards  his  brother  sen 
ators  than  myself ;  but  we  have  now  arrived  at  that  point  when 
imperious  duty  demands  that  we  should  either  adopt  this  expung 
ing  resolution,  or  abandon  it  forever.  Already  much  precious 
time  has  been  employed  in  its  discussion.  The  moment  has 
arrived  when  we  must  act.  Senators  in  the  opposition  console 
themselves  with  the  belief  that  posterity  will  do  them  justice, 
should  it  be  denied  to  them  by  the  present  generation.  They 
place  their  own  names  in  the  one  scale  and  ours  in  the  other, 
and  flatter  themselves  with  the  hope,  that  before  that  tribunal, 


210  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

at  least,  their  weight  will  preponderate.  For  my  own  part,  I 
am  willing  to  abide  the  issue.  I  am  willing  to  be  judged  for 
the  vote  which  I  shall  give  to-day,  not  only  by  the  present,  but 
by  the  future  generation,  should  my  obscure  name  ever  be  men 
tioned  in  after  times.  After  the  passions  and  prejudices  of  the 
present  moment  shall  have  subsided,  and  the  impartial  historian 
shall  record  the  proceeding  of  this  day,  he  will  say  that  the  dis 
tinguished  men  who  passed  the  resolution  condemning  the  Presi 
dent,  were  urged  on  to  the  act  by  a  desire  to  occupy  the  high 
places  in  the  government,  that  an  ambition,  noble  in  itself,  but 
not  wisely  regulated,  had  obscured  their  judgment,  and  impell 
ed  them  to  the  adoption  of  a  measure,  "unjust,  illegal,  and  un 
constitutional  ;  that,  in  order  to  vindicate  both  the  Constitution 
and  the  President,  we  were  justified  in  passing  this  expunging 
resolution,  and  thus  stamping  the  former  proceeding  with  our 
strongest  disapprobation. 

"  I  rejoice  in  the  belief  that  this  promises  to  be  one  of  the 
last  highly  exciting  questions  of  the  present  day.  During  the 
period  of  General  Jackson's  civil  administration,  what  has  he 
not  done  for  the  American  people  ?  During  this  period,  he  has 
had  more  difficult  and  dangerous  questions  to  settle,  both  at 
home  and  abroad — questions  which  aroused  more  intensely  the 
passions  of  men — than  any  of  his  predecessors.  They  are  now 
all  happily  ended,  except  the  one  which  we  shall  this  day  bring 
to  a  close — 

" '  And  all  the  clouds  that  lowered  upon  our  house 
In  the  deep  bosom  of  the  ocean  buried.' 

"  The  country  now  enjoys  abundant  prosperity  at  home, 
whilst  it  is  respected  and  admired  by  foreign  nations.  Although 
the  waves  may  yet  be  in  some  agitation  from  the  effect  of  the 
storms  through  which  we  have  passed,  yet  I  think  I  can  per 
ceive  the  rainbow  of  peace  extending  itself  across  the  firmament 
of  heaven. 

"  Should  the  next  administration  pursue  the  same  course  of 
policy  with  the  present ;  should  it  dispense  equal  justice  to  all 


SPEECH   ON  EXPUNGING   RESOLUTIONS.  211 

portions  and  all  interests  of  the  Union  without  sacrificing  any  ; 
should  it  be  conducted  with  prudence  and  with  firmness,  and  I 
doubt  not  but  that  this  will  be  the  case,  we  shall  hereafter 
enjoy  comparative  peace  and  quiet  in  our  day.  This  will  be 
the  precious  fruit  of  the  energy,  the  toils,  and  the  wisdom  of 
the  pilot  who  has  conducted  us  in  safety  through  the  storms  of 
his  tempestuous  administration. 

"  I  am  now  prepared  for  the  question.  I  shall  vote  for  this 
resolution,  but  not  cheerfully.  I  regret  the  necessity  which 
exists  for  passing  it,  but  I  believe  that  imperious  duty  demands 
its  adoption.  If  I  know  my  own  heart,  I  can  truly  say  that  I 
am  not  actuated  by  any  desire  to  obtain  a  miserable,  pe"tty, 
personal  triumph,  either  for  myself  or  for  the  President  of  the 
United  States  over  my  associates  upon  this  floor. 

"  I  am  now  ready  to  record  my  vote,  and  thus  in  the  oppro 
brious  language  of  senators  in  tne  opposition,  to  become  one 
of  the  executioners  of  the  condemnatory  resolution.77 

Immediately  after  the  delivery  of  Mr.  Buchanan7s  speech,  the 
vote  on  the  "  Expunging  Resolution "  was  taken,  and  the 
odious  sentence  stricken  from  the  record  of  the  Senate.  Mr. 
Benton  had  the  gratification  of  seeing  his  labors  accom 
plished,  and  all  the  friends  of  Gen.  Jackson  were  abundantly 
pleased  that  he  would  now  retire  from  the  distinguished  posi 
tion  he  had  occupied  through  a  period  of  unexampled  political 
strife,  with  honor  to  himself,  and  without  a  blot  upon  his  fair 
fame.  As  it  may  be  interesting  to  know  at  this  day  what 
senators  refused  this  act  of  justice  to  President  Jackson,  now 
that  his  administration  has  been  unanimously  ratified  by  the 
judgment  of  posterity,  we  ejive  the  vote  on  this  celebrated 
resolution. 

Yeas. — Messrs.  Benton,  Brown,  Buchanan,  Dana,  Ewing  of 
Illinois,  Fulton,  Grundy,  Hubbard,  King  of  Alabama,  Linn, 
Morris,  Nicholas,  Niles,  Page,  Rives,  Robinson,  Ruggles,  Sevier, 
Strange,  Tallmadge,  Tipton,  Walker,  Wall,  Wright.— 24. 


212  LIFE  AND   SERVICES   OF  JAMES   BTJCHANABT. 

Nays. — Bayard,  Black,  Calhoun,  Clay,  Crittenden,  Davis, 
Ewing  of  Ohio,  Hendricks,  Keut,  Knight,  Moore,  Prentiss, 
Preston,  Bobbins,  Southard,  Swift,  Tomlinson,  Webster, 
White.— 19. 

The  subsequent  events  of  this  session  were  not  important. 
Mr.  Buchanan,  from  the  Committee  on  Foreign  Relations,  made 
a  report  in  regard  to  the  state  of  affairs  between  our  country 
and  Mexico,  and  as  early  as  this  stated  that  strict  justice  would 
require  us  even  then  to  go  to  war  with  that  country,  but  for 
the  present  he  counselled  further  forbearance.  The  session 
adjourned  on  the  3d  of  March,  after  having  at  least  accom 
plished  one  notable  and  praiseworthy  act,  the  vindication  of 
Gen.  Jackson. 


213 


CHAPTER   XIII. 

Mr.  Van  Buren's  Administration — The  Extra  Session — Mr.  Buchanan's  Speech  on  the 
Sub-Treasury  Bill. 

MARTIN  VAN  BDREN  was  inaugurated  President,  and  took  his 
seat  as  the  successor  of  General  Jackson,  on  the  4th  of  March, 
1837.  The  financial  embarrassment  and  commercial  distress 
were  if  possible  even  greater  than  in  the  revulsion  of  18:"!  0-21. 
The  flooding  of  the  country  with  excessive  issues  of  paper  curren 
cy  had  stimulated  another  of  these  disastrous  periods  of  general 
speculation,  which  had  spread  desolation  and  ruin  far  and  near. 
In  the  midst  of  the  universal  distress  Mr.  Van  Buren  called  an 
extra  session  of  Congress,  to  take  some  measures  to  relieve,  if 
possible,  the  pressure  of  the  times,  and  to  promote  the  general 
welfare  of  the  country.  Among  the  new  members  who  made 
their  first  appearance  at  this  session  was  the  Hon.  Franklin 
Pierce,  the  present  chief  magistrate  ;  Clay,  Calhoun,  Webster, 
Benton,  Silas  Wright,  and  other  prominent  names  still  conti 
nued  on  the  senatorial  list.  Mr.  Buchanan  occupied  the  same 
place,  the  chairmanship  of  the  Committee  on  Foreign  Relations, 
he  had  in  the  previous  Congress.  Almost  the  first  bill  intro 
duced  was  what  is  known  as  the  "  Sub-Treasury  Act."  It  was 
violently  opposed,  and  though  it  passed  the  Senate  twice  it  was 
both  times  rejected  by  the  House. 

Simple  as  were  the  principles  of  this  bill,  and  as  fully  as  they 
are  now  acknowledged  to  be  right  and  proper,  yet  the  oppo 
sition  both  in  Congress  and  out  of  it,  which  was  raised  against 
the  measure,  demonstrates  what  a  powerful,  temporary  excite 
ment  can  be  produced  where  there  is  not  the  slightest  reason  to 


214  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

warrant  it.  Mr.  Van  Buren  wished  merely  to  complete  tht« 
divorce  between  bank  and  state  which  General  Jackson  had  so 
nobly  inaugurated.  What  more  simple  to  effect  this  than  that 
the  government  by  its  own  agents  should  disburse  its  own 
revenue,  instead  of  employing  banks  to  do  it  ?  As  long  as  the 
government  was  in  any  way  mixed  up  with  these  institutions, 
it  would  be  charged  with  almost  every  financial  embarrassment 
the  currency  might  experience.  The  agitation  the  question 
caused  in  politics  would  be  avoided  by  adopting  the  simple 
direct  principles  of  the  Constitution,  and  one  more  step  would 
have  been  taken  towards  returning  to  the  letter  and  spirit  of 
that  instrument.  Mr.  Buchanan  made  a  speech  of  great  power 
and  research  upon  the  bill,  which  is  valuable  as  going  into  a  full 
explanation  of  the  causes  of  financial  embarrassment  in  a  pro 
found  statesmanlike  manner,  and  in  presenting  a  clear  concep 
tion  of  the  powers  of  the  general  government  in  regard  to  the 
question  under  consideration.  Its  great  length  has  compelled 
us  to  abridge  it,  but  we  trust  we  have  given  its  most  important 
points.  The  following  is  the  opening  portion  : 

MR.  PRESIDENT  :  It  cannot  be  denied  that  the  commercial 
and  manufacturing  classes  of  our  people  throughout  the  Union 
are  now  suffering  severely  under  one  of  those  periodical  pres 
sures  which  have  so  often  afflicted  the  country.  Neither  have  the 
agricultural  and  other  interests  escaped  without  injury,  although 
they  have  not  suffered  to  the  same  extent.  The  exhaustion  of 
the  human  system  does  not  succeed  a  high  degree  of  unnatural 
excitement  with  more  unerring  certainty  than  that  a  depression 
in  the  business  of  the  country  must  follow  excessive  speculation. 
The  one  is  a  law  of  nature,  the  other  a  scarcely  less  uniform 
law  of  trade.  The  degree  of  this  depression  will  always  bear 
an  exact  proportion  to  the  degree  of  overaction.  As  many  de 
grees  as  the  system  has  been  elevated  above  the  point  of  healthy 
action,  so  many  degrees  must  it  sink  below,  after  the  effects  of 
the  stimulus  have  passed  away. 


SPEECH   ON   THE   SUB-TREASURY   BILL.  215 

"  What  has  been  the  history  of  the  country  in  this  respect  ? 
One  of  constant  vibration.  I  can  speak  positively  on  this  sub 
ject  in  regard  to  the  period  of  time  since  I  came  into  public 
life.  What  has  been  will  be  again.  The  same  causes  will  pro 
duce  the  same  effects.  We  can  cherish  no  reasonable  hope  of 
a  change  unless  State  legislatures  should  take  a  firm  and  decided 
stand,  The  history  of  the  past  will  become  that  of  the  future 
This  year  we  have  sunk  to  the  extreme  point  of  depression. 
The  country  is  now  glutted  with  foreign  merchandise.  There 
will,  therefore,  be  but  few  importations.  All  our  efforts  are  now 
directed  towards  the  payment  of  our  foreign  debt.  The  next 
year  the  patient  will  begin  to  recruit  his  exhausted  energies. 
Domestic  manufactures  will  flourish  in  proportion  as  foreign 
goods  become  scarce.  The  third  year,  a  fair  business  will  be 
done.  The  country  will  present  a  flourishing  appearance.  Pro 
perty  of  all  descriptions  will  command  a  fair  price,  and  we  shall 
glide  along  smoothly  and  prosperously.  The  fourth  or  the  fifth 
year  the  era  of  extravagant  speculation  will  return,  again  to 
be  succeeded  by  another  depression.  At  successive  periods  the 
best  and  most  enterprising  men  of  the  country  are  crushed. 
They  fall  victims  at  the  shrine  of  the  insatiate  and  insatiable 
Moloch  of  extravagant  banking.  It  is  an  everlasting  cycle. 
The  wise  man  says  there  is  no  new  thing  under  the  sun,  and  we 
are  destined,  I  fear,  again  and  again  to  pass  through  the  same 
vicissitudes.  The  aspect  is  perpetually  changing,  but  is  never 
new. 

"  Senators  have  plumed  themselves,  and  their  admirers 
throughout  the  country  have  applauded  them  as  being  wonder 
fully  sagacious  in  their  predictions.  Their  respective  partisans 
are  ready  to  exclaim  : 

«The  spirit  of  deep  prophecy  he  hath, 
Exceeding  the  nine  Sibyls  of  old  Rome  ; 
What's  past  and  what's  to  come  he  can  descry.' 

"  But  no  deep  penetration  into  futurity  was  required  to  make 


216  LIFE   AND   SERVICES   OF  JAMES    BUCHANAN. 

these  prophecies.  Until  existing  causes  shall  be  removed,  the 
future  must  be  the  counterpart  of  the  past. 

"  Whence  this  eternal  vicissitude  in  the  business  of  the  coun 
try  ?  What  is  the  secret  spring  of  all  these  calamities  ?  I 
answer,  the  spirit  of  enterprise,  so  natural  to  American  citizens, 
excited  into  furious  action  by  the  stimulus  of  excessive  bank 
ing.  It  operates  as  does  the  inhaling  of  oxygen  gas  upon  the 
human  mind,  urging  it  on  to  every  extravagance  and  to  every 
folly. 

"  I  do  not  deny  that  several  subordinate  circumstances  have 
operated  in  unison  with  this  grand  cause  to  make  the  present 
catastrophe  more  severe  than  it  otherwise  might  have  been. 
Still  it  is  the  root  of  all  the  evil.  It  is  the  chief  and  almost 
the  only  source  from  which  the  existing  distress  has  flowed. 

"  I  was  not  a  member  of  this  body  when  the  discussion  toos 
place  of  the  veto  of  the  bank  charter,  or  the  removal  of 
the  deposits.  Although  both  these  measures  received  my  cor 
dial  approbation,  yet  I  refrain  purposely  from  replying  at  this 
late  period  to  the  remarks  which  have  been  made,  on  these  sub 
jects.  They  have  already  passed  into  history,  and  been  sanc 
tioned  by  the  public  approbation. 

"  Amongst  these  subsidiary  causes  of  the  existing  distress, 
may  be  enumerated  the  destruction  of  capital  by  the  great  fire 
at  New  York  in  December,  1835.  The  wild  speculations  in 
public  lands,  and  in  splendid  towns  and  cities  upon  paper 
throughout  the  Western  States,  which  withdrew  capital  from 
the  commercial  cities,  where  it  was  most  wanted,  to  portions  of 
the  country  where  it  was  not  required  ;  and  the  specie  circular, 
if  you  please,  which,  however  wise  it  may  have  been  in  its 
origin,  ought  not,  in  my  opinion,  to  have  been  continued  in 
force  after  it  had  performed  its  office  and  had  checked  the  wild 
speculations  in  public  lands.  I  voted  in  favor  of  the.  bill  at  tho 
last  session,  which  repealed  this  circular  ;  and,  under  the  same 
circumstances,  I  would  again  act  in  the  same  manner.  But 
permit  me  to  say  that  its  effects  have  been  greatly  exaggerated. 


SPEECH   ON   THE    SUB-TREASURY   BILL.  217 

It  did  not  carry  to  the  West  anything  approaching  the  amount 
of  gold  and  siver  which  senators  have  estimated.  According  to 
the  report  of  the  Secretary  of  the  Treasury,  all  the  specie  in  all 
the  western  deposit  banks,  including  Michigan,  but  little 
exceeded  four  millions  of  dollars  at  the  date  of  the  suspension 
of  specie  payments  ;  and  in  the  southwestern  deposit  banks  it 
did  not  amount  to  one  million  two  hundred  thousand  dollars. 
I  shall  not  stop  to  inquire  how  much  less  gold  and  silve.r  there 
would  fcave  been  in  these  depositories  had  the  specie  circular 
never  existed.  Certain  it  is  that  the  comparatively  small 
amount  of  specie  which  came  into  these  banks  in  consequence 
of  this  circulation,  could  have  produced  but  an  inconsiderable 
effect  on  the  business  of  our  commercial  cities,  and  still  less 
upon  the  suspension  of  specie  payments. 

"  These  causes  may.  have  made  the  revulsion  a  little  more 
severe  ;  but,  had  they  never  existed,  still  it  must  have  come 
with  desolating  force. 

"  Senators  have  attributed  some  portions  of  the  existing  dis 
tress  to  the  act  of  1834,  regulating  the  standard  of  our  gold 
coins.  They  have  not  told  us,  and  they  cannot  tell  us,  how 
this  act  could  have  produced  such  an  effect.  It  was  no  party 
measure,  and  upon  its  passage,  there  were  but  few,  I  believe 
but  seven,  votes  against  it  in  the  Senate.  It  was  a  measure  of 
absolute  necessity,  if  we  desired  that  our  own  gold  coins  should 
circulate  in  this  country.  Before  its  passage,  a  half  eagle,  as 
an  article  of  merchandise,  was  intrinsically  worth  about  five 
dollars  and  thirty-three  cents  in  silver,  whilst  its  standard  value, 
as  currency,  under  our  laws  was  only  five  dollars.  It  is  mani 
fest,  therefore,  that  eagles  and  half  eagles  never  could  have 
entered  into  general  circulation  had  it  not  been  for  the  passage 
of  this  act,  which  is  now  condemned.  It  was  a  mere  adjust 
ment  of  the  relative  value  of  gold  to  silver,  according  to  the 
standard  of  other  nations,  and,  if  I  am  not  greatly  mistaken  in 
my  memory,  conformed  exactly  in  this  particular  with  the  laws 
of  Spain  and  Portugal. 

10 


218  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

"  I  have  been  utterly  at  a  loss  to  conceive  the  cause  of  the 
hostility  of  senators  to  this  necessary  measure,  unless  it  be  from 
a  feeling  similar  to  that  which,  it  is  said;  made  a  distinguished 
gentleman  desire  to  kill  every  sheep  which  came  in  his  way. 
He  could  feel  no  personal  hostility  to  these  innocent  and  harm 
less  animals,  but  was  such  a  violent  anti-tariff  man  that  the 
sight  of  them  always  reminded  him  of  our  woollen  manufactures. 
Certainly  no  gentleman  can  entertain  any  objection  to  the 
eagles  and  half  eagles  themselves  ;  but  they  may  remind  sena 
tors  of  the  efficient  and  untiring  exertions  of  the  senator  from 
Missouri  (Mr.  Benton),  to  introduce  a  gold  currency  into  circu 
lation.  As  gold,  they  may  like  these  coins  ;  but  as  Bentonian 
mint-drops,  they  are  detestable. 

"  Senators  have  also  contended  that  the  present  depressed 
condition  of  the  country  has  been  produced,  in  some  degree,  by 
the  large  importations  of  specie  which  were  encouraged  by  the 
administration  of  General  Jackson.  I  shall  not  be  diverted 
from  my  main  purpose  by  answering  this  objection  in  detail. 
Even  if  their  position  were  correct,  which  I  by  no  means  admit, 
that  more  gold  and  silver  had  been  forced  into  the  country  than 
our  necessities  demanded,  or  the  fixed  laws  of  trade  would  have 
justified,  still  the  effect  would  have  been  transient  and  trifling. 
It  would  have  immediately  flowed  back  through  the-  channels 
of  commerce  to  the  place  from  whence  it  came,  until  the  par 
exchange  had  been  restored.  This  is  one  of  the  fixed  and  in 
variable  laws  of  trade,  from  the  obligation  of  which  we  can 
never  be  released. 

"  The  senator  from  Kentucky  (Mr.  Clay),  in  the  course  of 
his  remarks  upon  this  subject,  involved  himself  in  a  strange  con 
tradiction.  At  the  commencement  of  his  speech,  he  deprecated, 
with  his  usual  eloquence  and  ability,  the  policy  of  the  past 
administration  in  forcing  specie  into  this  country,  contrary  to 
the  laws  of  trade.  Towards  the  conclusion,  when  his  fancy 
became  excited  by  the  contemplation  of  the  splendid  bank  of 
the  United  States  which  it  was  his  purpose  to  establish,  ho 


SPEECH  ON  THE   STJB-TEEASUKT  BILL.  219 

seemed  entirely  to  have  changed  his  opinion.  In  order  to 
obtain  the  necessary  amount  of  specie  capital,  he  proposed  that 
some  twenty  or  twenty-five  millions  of  this  bank  stock  should 
be  transmitted  to  Europe,  and  sold  to  foreigners  in  exchange 
for  gold  and  silver.  It  was  a  violation  of  the  laws  of  trade, 
which  must  recoil  upon  us,  to  force  a  greater  amount  of  specie 
into  the  country  than  our  just  proportion,  for  the  purpose  of 
putting  it  into  circulation  among  the  people  ;  but,  when  the 
purpose  is  to  furnish  a  specie  capital  of  twenty  or  twenty-five 
millions  for  a  new  bank  of  the  United  States,  then  all  difficulties 
vanish  from  the  mind  of  the  gentleman. 

"  No,  sir,"  said  Mr.  B.,  "  without  the  agency  of  any  of  these 
secondary  causes,  the  present  distress  must  have  come.  It  was 
inevitable  as  fate.  No  law  of  nature  is  more  fixed,  than  that 
our  over-banking  and  our  over-trading  must  have  produced  the 
disastrous  results  under  which  we  are  now  suffering. 

"  Is  there  now,  in  any  of  our  large  commercial  cities,  such  an 
individual  as  a  regular  importing  or  commission  merchant  ?  I 
mean  a  merchant  who  is  content  to  grow  rich,  as  our  fathers 
did,  by  the  successive  and  regular  profits  of  many  years  of  indus 
try  in  his  own  peculiar  pursuit.  If  there  be  such  persons,  they 
are  rare.  No,  sir,  all  desire  to  grow  rich  rapidly.  Each  takes 
his  chance  in  the  lottery  of  speculation.  Although  there  may 
be  a  hundred  chances  to  one  against  him,  each  eagerly  intent 
upon  the  golden  prize,  overlooks  the  intervening  rocks  and 
quicksands  between  him  and  it,  and  when  he  fondly  thinks  he 
is  about  to  clutch  it,  he  sinks  into  bankruptcy  and  ruin.  Such 
has  been  the  fate  of  thousands  of  our  most  enterprising  citizens. 
It  is  enough  to  make  one's  heart  bleed  to  contemplate  the 
blighted  hopes  and  ruined  prospects  of  those  who  have  fallen 
victims  to  the  demon  of  speculation.  Many  of  them  have  been 
the  most  promising,  and  but  for  this  fatal  error,  would  have 
become  the  most  useful  citizens  of  our  country.  Under  the  in 
fluence  of  this  feeling,  they  not  only  risk  their  own  all,  but  often 


220  LIFE  AND   SERVICES   OF  JAMES  BUCHANAN. 

the  all  of  others,  which  has  been  confided  to  them  ;  not,  as  I 
firmly  believe,  with  any  deliberate  purpose  of  being  dishonest, 
but  in  the  confident  but  delusive  hope  that  fortune  may  smile- 
upon  their  efforts,  and  enable  them  to  meet  all  their  responsi 
bilities. 

"  Far  be  it  from  me  to  utter  one  word  against  the  profession 
of  the  merchant.  By  their  ability  and  enterprise,  our  mer 
chants  have  cast  lustre  upon  the  character  of  our  country 
throughout  the  world.  They  are  amongst  our  most  useful 
citizens.  They  are  agents  for  exchanging  our  productions 'with 
distant  nations  and  among  ourselves.  Commerce  is  the  hand 
maid  of  agriculture  and  manufactures,  and  heaven  forbid,  that 
I  should  be  the  instrument  of  exciting  hostility  between  them. 
Again,  I  am  the  last  man  in  the  country  who  would  crush  that 
spirit  of  enterprise  and  of  untiring  effort  which  belongs  to  the 
American  character.  It  has  produced  miracles.  It  has  covered 
every  sea  with  our  flag.  With  a  rapidity  unexampled  in  the 
history  of  the  world,  it  has  converted  the  wilderness  into  fruit 
ful  fields,  and  flourishing  towns  and  cities.  It  has  erected 
splendid  improvements  of  every  kind.  It  has  covered,  and  is 
covering  the  face  of  our  vast  country  with  railroads  and  canals, 
and  has  enabled  a  nation,  centuries  behind  in  the  start,  to  sur 
pass  all  her  rivals  in  the  career  of  internal  improvement.  If  I 
had  the  power,  I  would  regulate  this  spirit.  I  would  limit  it 
within  proper  bounds.  God  forbid  that  I  should  destroy  it. 

"It  is  impossible  that  manufactures  and  commerce  can 
flourish  to  any  great  degree  in  this  .country  without  the  aid  of 
extensive  credit ;  I  would  not,  therefore,  abolish  banks  if  I 
could.  A  return  to  a  pure  metallic  currency  is  impossible.  To 
make  such  an  attempt  would  be  ruinous  as  well  as  absurd.  It 
would  at  once  diminish  the  nominal  value  of  all  property  more  than 
fifty  per  cent.,  and  would,  in  effect,  double  the  amount  of  every 
man's  debts.  It  would  enrich  creditors  at  the  expense  of  their 
debtors,  and  thus  make  the  rich  richer,  and  the  poor  poorer. 


SPEECH   ON   THE   SUB-TREASURY   BILL.  221 

It  would  paralyze  industry  and  enterprise.  I  would  give  enter 
prise  wholesome  food  to  feed  upon,  but  would  not  drive  it  into 
mad  speculation,  by  administering  unnatural  stimulants. 

"  What  power  does  this  government  possess  to  regulate  the 
banking  system  of  the  country?  None,  comparatively  none. 
It  belongs  to  the  States.  We  shall  soon  see  whether  they  will 
exert  this  power  in  a  wise  and  beneficial  manner.  Every 
obstacle  has  been  removed  from  their  course,  by  the  general 
suspension  of  specie  payments.  But  the  banks  are  all-powerful. 
Their  presidents,  their  directors,  their  cashiers,  their  stockhold 
ers,  and  their  agents,  pervade  our  whole  society.  They  are 
spread  over  the  land.  A  common  interest  will  unite  them  in  a 
solid  phalanx,  for  the  purpose  of  making  a  common  effort. 
They  will  invade  our  halls  of  legislation,  and  exert  all  the 
influence  which  they  may  possess  with  every  department  of  our 
State  governments,  for  the  purpose  of  preserving  their  exorbi 
tant  privileges.  The  people  may  now  establish  these  institu 
tions  upon  a  stable  and  useful  foundation.  The  conflict  will  be 
tremendous,  and  I  confess,  I  tremble  for  the  result.  The  weal 
or  the  woe  of  this  country,  for  many  years  to  come,  depends 
upon  the  issue. 

"  In  this  crisis,  all  which  the  general  government  can  effect 
is,  in  the  first  place,  to  withhold  its  deposits  from  the  banks, 
and  thus  refrain  from  contributing  their  funds  to  swell  the 
torrent  of  wild  speculation,  and,  in  the  second  place,  to  restrain 
the  extravagance  of  their  credits  and  issues,  in  some  small 
degree,  by  collecting  and  disbursing  our  revenue  exclusively  in 
specie,  or  in  the  notes  of  banks  which  will  pay  the  balances  due 
from  them  in  specie,  at  short  intervals.  To  accomplish  these 
two  purposes,  as  well  as  to  render  the  public  revenues  more 
secure,  are  the  objects  of  the  bill  and  amendment  now  before 
the  Senate. 

"  The  evils  of  a  redundant  paper  circulation  are  now  mani 
fest  to  every  eye.  It  alternately  raises  and  sinks  the  value  of 
every  man's  property.  It  makes  a  beggar  of  the  man  to-mor- 


222  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

row  who  is  indulging  in  dreams  of  wealth  to-day.  It  converts 
the  business  of  society  into  a  mere  lottery,  whilst  those  who 
distribute  the  prizes  are  wholly  irresponsible  to  the  people. 
When  the  collapse  comes,  as  come  it  must,  it  casts  laborers  out 
of  employment,  crushes  manufactures  and  merchants,  and  ruins 
thousands  of  honest  and  industrious  citizens.  Shall  we,  then, 
by  our  policy,  any  longer  contribute  to  such  fatal  results? 
That  is  the  question. 

"  The  system  of  extravagant  banking  benefits  no  person, 
exept  the  shrewd  speculator,  who  knows  how  to  take  advan 
tage  of  the  perpetual  fluctuation  in  prices  which  a  redundant 
paper  currency  never  fails  to  produce.  He  sees,  in  the  general 
causes  which  operate  upon  the  commercial  world,  when  money 
is  about  to  be  scarce,  and  when  it  will  become  plenty.  He 
studies  the  run  as  a  gambler  does  that  of  the  cards.  He  knows 
when  to  buy  and  when  to  sell,  and  thus  often  realizes  a  large 
estate  in  a  few  happy  ventures.  Those  who  have  been  initiated 
into  the  mysteries  of  the  paper-money  market,  can  thus  accum 
ulate  rapid  fortunes  at  the  expense  of  their  less  skillful  neigh 
bors. 

"  The  question  before  the  Senate  is  not,  whether  we  shall 
divorce  the  government  from  the  banks  ;  the  banks  themselves 
have  done  that  already  ;  the  alliance  is  already  dissolved.  The 
question  now  is,  shall  we,  with  all  the  experience  of  the  past, 
restore  this  ill-fated  union?  No  propitious  divinities  would 
grace  the  new  nuptials,  but  the  fatal  sisters  would  be  there 
ready  again  to  cut  the  cord  at  the  first  approacn  of  difficulty 
and  danger. 

*The  senator  from  Virginia  (Mr.  Kives)  has  appealed  to 
us  in  the  name  of  consistency  to  support  his  amendment,  but 
circumstances  have  entirely  changed  since  we  voted  for  it  at 
the  last  session.  Then  the  union  existed  between  the  banks 
and  the  treasury,  and  his  bill  prescribed  the  relative  duties  of 
the  contracting  parties.  Now  the  contract  is  at  an  end.  The 
banks  have  violated  its  fundamental  obligations,  and  the  gov- 


SPEECH    ON   THE    SUB-TKEASUKT   BILL.  223 

ernment  is  free,  The  preliminary  question  now  is,  shall  we 
enter  into  a  new  alliance  ?  We  must  first  determine  that  we 
shall,  before  any  question  of  consistency  can  arise,  Should  we 
again  connect  ourselves  with  the  banks,  then,  and  not  till  then, 
can  we  be  called  upon  to  adopt  rules  regulating  the  union. 
The  amendment  of  the  senator  from  Virginia  proceeds  upon 
the  assumption  that  our  former  relations  are  to  be  restored,  I 
oppose  the  amendment  mainly  because  I  am  hostile  to  this 
re-union,  If  Congress  should  first  determine  to  restore  the  old 
relations  between  the  parties,  then,  and  not  till  then,  might 
there  be  some  force  in  an  appeal  to  our  consistency. 

"  We  are  left,  at  this  moment,  entirely  free  to  decide  what  is 
best  to  be  done  with  the  public  money.  To  use  the  language 
of  the  Senator  from  South  Carolina  (Mr.  Calhoun),  we  have 
reached  a  point  from  whence  we  are  about  to  take  a  new 
departure.  But  three  courses  have  been,  or,  in  the  nature  of 
things,  can  be  presented  for  our  selection.  We  must  either 
deposit  the  public  money  in  a  bank  of  the  United  States,  to  be 
created  for  that  purpose,  or  restore  it  to  the  State  banks,  or 
provide  for  its  safe  custody  in  the  hands  of  our  own  officers, 
without  the  agency  of  any  bank,  State  or  national. 

"  And  first,  in  regard  to  the  creation  of  another  bank  of  the 
United  States.  It  was  not  my  purpose,  at  this  time,  to  offer 
my  objections  in  detail  to  such  an  institution.  .  Even  if  I  had 
intended  to  present  my  views  fully  upon  this  subject,  the  over 
whelming  vote  of  the  Senate  on  Tuesday  last,  against  the 
establishment  of  such  a  bank,  would  warn  me  to  forbear.  It 
would  be  labor  lost,  and  time  expende'd  in  vain.  I  shall  con 
tent  myself,  therefore,  with  a  few  general  observations  upon 
this  branch  of  the  subject,  and  a  short  reply  to  some  of  the 
remarks  which  have  been  made  by  the  advocates  of  a  new 
bank. 

"  In  my  opinion,  the  most  alarming  dangers  which  would 
result  from  such  an  institution,  have  never  yet  been  presented 
in  bold  relief  before  the  people.  This  has  arisen  from  the 


224  LIFE"  AND    SERVICES    OF  JAMES    BUCHANAN. 

unnatural  .-position  of  that  institution  towards  the  government. 
We  have  seen  it  struggling  against  executive  power,  and  its 
efforts  have  been  tremendous  They  would  have  been  irresisti 
ble  against  any  other  President  than  Andrew  Jackson,  As  it 
was,  the  conflict  was  of  the  most  portentous  character,  and 
shook  the  Union  to  its  centre,  But  we  have  witnessed  the 
exception,  not  the  rule.  It  is  the  natural  ally,  not  the  enemy 
of  power.  Wealth  and  power  necessarily  attract  each  other, 
and  are  always  ready  to  rush  to  each  other's  embrace.  In  the 
language  once  used  by  a  distinguished  orator,  now  no  more 
(Mr.  Eandolph),  '  Male  and  female  created  he  them.7  Suppose 
General  Jackson  and  the  bank  had  been  in  alliance,  and  not  in 
opposition  ;  what  then  might  have  been  the  consequences,  had 
he  been  an  enemy  to  the  liberties  of  his  country  ?  Armed  with 
all  the  power  and  all  the  patronage  which  belonged  to  the  Pre 
sident  of  the  United  States,  enjoying  unbounded  popularity,  and 
wielding  the  combined  wealth  of  the  country,  through  the 
agency  of  this  all-powerful  bank  and  its  branches,  planted  in 
every  portion  of  the  Union,  can  any  man  say  that  our  liberties 
would  not  have  been  in  danger  ?  All  the  forms  of  the  Consti 
tution  might  have  remained,  the  people  might  still  have  been 
flattered  with  the  idea  of  electing  their  own  officers,  but  the 
animating  spirit  of  our  free  institutions  would  have  departed 
forever.  A  secret,  an  all-pervading  influence,  would  have 
sapped  the  foundations  of  liberty,  and  made  it  an  empty  name. 
Under  such  circumstances,  a  President  might  always  select  his 
successor.  But,  thank  Heaven,  the  danger  has  passed  away, 
and  I  trust  forever. 

"  If  any  of  my  friends  on  this  side  of  the  House,  who  advo 
cate  the  establishment  of  a  national  bank,  should  be  elected 
President — and  if  their  political  principles  are  to  prevail  with 
a  majority  of  the  people  of  this  country,  that  majority  could  not 
make  a  better  selection — in  what  situation  shaft  we  be  placed  ? 
One  of  the  first  measures  of  the  administration  would  be  to 
establish  a  magnificent  bank  of  the  United  States,  with  a  capi- 


SPEECH    ON   THE    SUB-TEEASUKY   BILL.  225 

tal  of  at  least  fifty  millions  of  dollars,  and  with  branches 
throughout  the  different  States.  A  feeling  of  gratitude  towards 
their  creator  would  render  them  subservient  to  his  will.  It 
would  be  their  pride  and  their  pleasure  to  promote  his  influence 
and  extend  his  power.  We  should  have  no  more  wars  between 
the  bank  and  the  government.  They  would  move  on  harmo 
niously  together.  In  other  days,  the  time  might  arrive  when 
the  bank  would  be  used  by  some  bad  and  aspiring  President, 
as  a  powerful  instrument  to  subvert  the  liberties  of  his  country. 

"-Even  if  such  a  bank  could  better  regulate  the  currency  and 
the  domestic  exchanges  of  the  country  than  any  other  instru 
ment,  still  it  would  be  infinitely  better  to  bear  the  ills  we  have 
than  to  endanger  the  existence  or  the  purity  of  our  free  insti 
tutions. 

"  But  woiua  such  a  bank  control  and  regulate  the  issues  of  the 
State  banks  ?  I  answer,  no.  It  would  not  if  it  could  ;  it 
could  not  if  it  would.  In  the  affairs  of  human  life,  if  you 
expect  an  agent  to  restrain  and  control  another,  you  ought  to 
render  either  their  interests  or  their  inclinations  different  and 
counteracting.  To  accomplish  this  purpose  they  must  be 
1  antagonistical '  to  each  other.  When  such  agents  are  corpo 
rations,  this  is  emphatically  true.  Peculiarly  governed  by 
self-interest,  they  feel  no  enthusiasm  unless  it  be  to  make  large 
dividends  for  their  stockholders.  Now,  a  bank  of  the  United 
States  would  have  precisely  the  same  interest  with  the  State 
banks  in  making  extravagant  loans  and  issues.  Whenever,  in 
their  estimation,  they  should  extend  their  accommodations, 
without  endangering  their  own  security,  they  would  pursue  that 
course.  This  is  the  powerful  instinct  of  self-interest.  You 
cannot  change  the  fixed  laws  which  govern  human  nature,  by 
making  men  directors  and  stockholders  in  the  Bank  of  the 
United  States.  It  is  absurd  to  suppose  that  a  large  moneyed 
corporation,  having  in  view  solely  its  own  interests,  will  volun 
tarily  become  the  regulator  of  the  paper  currency  of  a  great 
nation,  and  prevent  those  ruinous  contractions  and  expansions 


226  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

under  which  both  England  and  this  country  have  periodically 
suffered.  It  would  be  easy  for  me  to  prove,  at  least  to  my  own 
satisfaction,  that,  in  point  of  fact,  neither  the  first  nor  the  last 
bank  of  the  United  States  ever  did  exercise  a  regular  and  effi 
cient  control  over  the  issues  of  the  State  banks.  Both  the  one 
and  the  others  have  thus  rushed  together,  and  have  together 
administered  to  that  spirit  of  over-trading  and  extravagant 
speculation  which  has  so  often  desolated  our  country.  To 
pursue  such  a  course  of  illustration  would,  however,  be  to 
revive  the  old  controversy  ;  to  tread  the  ground  which  has 
been  so  often  trodden,  and  to  direct  me  from  that  which  more 
essentially  belongs  to  the  present  question. 

"  The  mistake  committed  in  regard  to  the  deposit  banks, 
was  the  belief  that  they  would  be  able  and  willing  to  restrain 
the  issues  of  the  other  State  banks.  Fortified  with  the  public 
deposits,  and  numerous  as  they  were,  they  might  possibly  have 
done  something  towards  the  accomplishment  of  such  a  purpose. 
But,  bank  like — human  nature  like — instead  of  aiming  at  any 
such  result,-  the  government  deposits  became  the  instrument  in 
their  hands  of  still  more  extravagant  credits  and  circulation. 
Their  objects  seemed  to  be  not  to  restrain,  but  to  give  loose 
reins  to  the  other  banks  and  to  themselves,  and  thereby 
increase  their  own  profits." 

.  *  *  *  *  *  *  * 

Mr.  Buchanan  having  concluded  this  portion  of  his  subject, 
then  noticed  the  position  Mr.  Webster  had  taken  upon  the 
question,  and  thus  referred  to  that  distinguished  man  : 

"  What,  then,  was  the  senator's  main  position  ?  In  this  I 
think  I  cannot  be  mistaken,  I  wish  to  state  it  distinctly  and 
fairly.  He  contended  that  Congress  not  only  possess  the  power 
under  the  Constitution,  but  that  it  is  their  imperative  duty 
to  create  and  furnish  for  the  people  of  this  country  a  paper 
currency  which  shall  be  at  par  in  all  portions  of  the  Union, 


SPEECH    ON    THE    SUB-TKEASURY    BILL.  227 

and  everywhere  serve  as  the  medium  of  domestic  exchanges.  In 
what  particular  mode  or  by  what  means,  this  paper  currency 
was  to  be  called  into  existence,  the  senator  did  not  explain.  On 
this  point  he  was  quite  mysterious.  He  infers  the  existence  of 
this  power  from  two  clauses  in  the  Constitution  ;  the  first,  that 
which  confers  on  Congress  the  power  '  to  regulate  commerce 
with  foreign  nations,  and  among  the  several  States,  and  with 
the  Indian  tribes  ; '  and  the  second,  '  to  coin  money,  regulate 
the  value  thereof,  and  of  foreign  coin,  and  fix  the  standard  of 
weights  and  measures.' " 

(Here  Mr.  Webster  also  referred  Mr.  Buchanan  to  that 
clause  of  the  Constitution  which  prohibits  the  States  from 
coming  money  or  emitting  bills  of  credit.) 

"  What,  in  my  opinion,  constitutes  the  chief  excellence  of 
the  senator  from  Massachusetts,  as  a  public  speaker,  is  the 
clearness  with  which  he  states  his  propositions,  and  his  power 
of  condensation  in  maintaining  them.  When  he  happens  to  be 
in  the  wrong,  these  high  qualities  operate  against  himself,  and 
render  his  errors  more  conspicious.  Such  was  my  conviction 
yesterday,  when  he  undertook  the  herculean  task  of  deducing 
the  power  to  create  a  paper  currency,  without  any  limit  but  the 
discretion  of  Congress,  from  the  simple  powers  of  regulating 
commerce,  and  coining  hard  money. 

"  By  the  state  of  the  question  before  the  Senate,  the  gentle 
man  has  been  driven  into  a  narrow  place,  and  has  chosen  a  po 
sition  which  his  great  powers  will  not  enable  him  to  maintain. 
The  bill  upon  your  table  proposes  to  keep  on  deposit,  and  to 
transfer  the  public  revenue,  where  it  may  be  required,  without 
the  agency  of  any  bank.  If  these  duties  can  be  successfully 
performed  by  the  officers  of  the  government,  then  there  can  be 
no  pretence  for  claiming  the  power  to  incorporate  a  national 
bank  from  that  clause  in  the  Constitution  giving  Congress  the 
power  '  to  levy  and  collect  taxes,  duties,  impost,  and  excises,  and 
to  pay  the  debt  of  the  United  States.'  The  present  bill  pro 
vided  for  all  these  purposes,  independently  of  all  banks.  There 


228  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

can,  then,  be  no  necessity*  to  create  one  as  a  fiscal  agent  of  the 
government ;  and,  of  consequence,  the  ancient  argument  in 
favor  of  its  constitutionality  falls  to  the  ground.  This  was  its 
origin  ;  this  was  the  foundation  on  which  it  has  formerly  rested. 
The  power  to  issue  notes,  and  that  to  regulate  the  exchanges 
of  the  country,  have  heretofore  been  considered  as  merely  inci 
dental  to  the  bank  itself,  after  it  had  been  called  into  existence 
as  a  necessary  fiscal  agent  of  the  treasury.  These  have  never 
been  considered  as  powers  inherent  in  the  government,  but  as 
mere  consequences  of  the  regular  action  of  a  national  banking 
institution.  Under  existing  circumstances,  the  senator  is  driven 
even  from  these  comparatively  narrow  limits.  He  disclaims  the 
idea  of  advocating,  at  present,  the  establishment  of  a  national 
bank,  hence  he  has  never  once,  throughout  the  whole  course  of 
his  argument,  called  to  his  aid  the  power  '  to  levy  and  collect 
taxes.'  He  has  not  even  mentioned  it.  He  casts  this  power 
into  the  background,  whilst  he  claims  for  Congress,  from  the 
other  clauses  of  the  Constitution  which  I  have  read,  the  trans 
cendent  power  of  creating  a  paper  currency  without  limits. 

"Let  us  for  a  few  moments  examine  his  argument.  The 
framers  of  the  Constitution  were  sturdy  patriots,  who,  with  a 
bold  but  cautious  hand,  conferred  upon  the  general  government 
certain  enumerated  powers.  Dreading  lest  this  government 
might  attempt  to  usurp  other  powers  which  had  not  been 
granted,  they  have  expressly  declared  that  '  the  powers  not 
delegated  t.o  the  United  States  by  the  Constitution,  nor  pro 
hibited  by  it  to  the  States,  are  reserved  to  the  States  respective 
ly  or  to  the  people.'  This  caution  was  absolutely  necessary  to 
prevent  astute  and  subtle  lawyers  from  extending,  by  forced  and 
ingenious  constructions,  the  clear  and  explicit  grant  of  powers 
which  was  traced  by  the  hand  of  our  fathers/  Does  the  Consti 
tution,  then,  anywhere  expressly  confer  upon  Congress  the 
power  of  creating  a  national  paper  currency  ?  This  is  not  pre 
tended.  But  the  senator  from  Massachusetts  has  found  it  lurk 
ing  under  the  power  'to  regulate  commerce  with  foreign 


SPEECH   ON   THE   SUB-TEEASUEY   BILL.  229 

nations,  and  among  the  several  States,  and  with  the  Indian 
tribes/  What  is  the  signification  of  the  word  '  regulate  ?' 
Does  it  mean  to  create  ?  No,  sjr.  Such  a  signification  would 
be  to  confound  the  meaning  of  two  of  the  plainest  words  in  the 
English  language.  You  create  something  new  ;  you  regulate 
the  action  of  that  which  has  already  been  called  into  existence. 
The  meaning  of  the  word  '  regulate/  as  used  by  the  framers  of 
the  Constitution  themselves,  clearly  appears  in  a  subsequent 
clause  in  the  instrument.  '  Congress  shall  have  power  to  coin 
money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix 
the  standard  of  weights  and  measures.'  To  coin  money  is  the 
creation  of  the  subject  ;  after  it  has  been  coined,  and  thus 
brought  into  existence,  you  regulate  the  value  of  it  and  of 
foreign  coin.  There  are  no  two  words  in  the  English  language 
which  have  more  distinct  and  precise  meanings  than  to  '  create' 
and  to  '  regulate.'  The  word  '  regulate '  necessarily  presupposes 
the  previous  existence  of  something  to  be  regulated.  Such  is 
its  plain,  clear  signification  in  the  Constitution.  Commerce  had 
long  existed  '  with  foreign  nations  and  among  the  several  States, 
and  with  the  Indian  tribes,'  previous  to  the  date  of  the  Consti 
tution.  Its  framers  took  the  subject  up  as  they  found  it,  and 
acting  upon  the  existing  state  of  things,  they  authorized  Con 
gress  to  regulate,  or  to  prescribe  rules  for  conducting  this  com 
merce  in  all  future  times.  To  infer,  therefore,  from  this  simple 
power  of  regulating  commerce,  that  of  creating  and  issuing  a 
supply  of  paper  money  for  the  country,  strikes  me  as  one  of  the 
most  extraordinary  propositions  which  has  ever  been  presented 
to  the  Senate." 

It  cannot  be  denied  that  the  above  plain,  common  sense  views 
of  the  power  of  Congress  to  establish  a  national  bank  is  so  plainly 
and  so  palpably  correct,  that  no  arguments  renowned  as  the 
senator  from  Massachusetts  was  for  his  logical  abilities,  could 
overthrow  them.  Mr.  Buchanan,  in  closing  this  part  of  his 
speech,  presented  the  following  very  clear  statement  of  the  dif- 


230  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN 

ference  between  the  political   parties    of  our  country.    He 

said  : 

"  Two  political  schools  have  existed  in  this  country  from  the 
time  the  Constitution  was  adopted.  The  one  favored  a  strict, 
the  other  a  liberal,  construction  of  that  instrument.  The  one 
has  been  jealous  of  State  rights,  the  other  the  advocate  of  fede 
ral  power.  The  senator  from  Massachusetts,  if  we  may  judge  by 
his  argument  upon  the  present  occasion,  is  far  in  advance  of 
those  who  have  hitherto  gone  the  farthest  in  support  of  fede 
ral  power.  He  has  made  large  strides  towards  consolidation  or 
conservatism.  I  use  these  terms  with  no  offensive  meaning." 

Mr.  Buchanan's  speech  then  goes  into  a  discussion  as  to 
whether  the  public  deposits  ought  to  be  restored  to  the  State 
banks,  and  shows  that  they  ought  not,  because  these  banks  were 
not  and  never  had  been  safe  depositories  of  the  public  money. 
More  than  all  that,  it  gave  them  a  capital  upon  which  to  make, 
large  paper  issues,  and  thus  flood  the  country  with  means  for 
the  speculators  to  use  the  government  money  to  injure  the  labor 
ing  classes.  These  banks,  after  going  on  during  a  period  of  ex 
travagant  expansion,  would  fail,  and  "  in  such  cases,"  said  Mr. 
Buchanan,  "  what  classes  of  society  are  most  likely  to  suffer 
from  the  explosion  ?  Who  do  you  suppose,  Mr.  President,  held 
the  notes  of  the  hundred  and  sixty-five  banks,  that  proved  insol 
vent,  between  1811  and  1830  ?  Not  the  shrewd  men  of  busi 
ness,  nor  the  keen  speculator  ;  because  they  snuff  the  danger 
from  afar.  It  was  the  honest  and  industrious  classes  of  society, 
who  are  without  suspicion,  and  whose  pursuits  in  life  do  not 
render  them  familiar  with  the  secret  history  of  banking. 

"  We  are  now  just  experiencing  another  great  evil  which  has 
resulted  from  extravagant  loans  and  issues,  and  consequent  sus 
pension  of  specie  payments  by  banks.  The  country  is  now 
deluged  with  small  notes,  vulgarly  called  shin-plasters.  They 
are  of  every  form  and  every  denomination  between  five  cents 


SPEECH   ON   THE    SUB- TREASURY   BILL.  231 

and  five  dollars  ;  and  they  are  issued  by  every  individual  and 
every  corporation  who  think  proper.  It  is  impossible  for  the 
poor  man  to  say  he  will  not  take  them,  for  there  is  scarcely  any 
silver  change  in  circulation  anywhere.  He  must  receive  them 
for  his  labor  or  starve.  The  paper  on  which  these  small  notes 
are  printed  is  often  so  bad,  and  they  are  so  inartificially  got  up, 
that  it  is  almost  impossible  to  distinguish  between  the  counter 
feit  and  the  genuine.  To  counterfeit  then  has  became  a  regular 
business,  as  it  has  been  carried  to  a  great  extent. 

"Our  currency  below  five  dollars  now  consists  of  this  com 
bined  mass  of  genuine  and  counterfeit  shin-plasters,  and  many 
of  the  counterfeits  are  intrinsically  of  equal  value  with  the 
genuine.  Some  are  payble  in  one  medium  and  some  in  another. 
Some  are  on  demand,  and  others  have  years  to  run  before  they 
reach  maturity.  The  very  moment  the  banks  resume  specie- 
payments,  this  mass  of  illegal  and  worthless  currency  will  be 
rendered  entirely  useless.  It  will  fall  a  dead  weight  in  the 
hands  of  the  holders,  and  these  will  be  chiefly  the  very  men 
who  are  least  able  to  bear  the  loss.  A  scene  of  confusion  and 
distress  will  then  be  presented,  which  I  need  not  describe. 
Such  is  one  of  the  effects  of  extravagant  banking." 

No  one  at  this  day  will  question  the  faithfulness  of  the  above 
picture,  and  yet  we  have  men  who  are  called  great  statesmen, 
who  labored,  mistakingly  we  must  charitably  suppose,  to  fasten 
upon  the  people  of  this  country  a  policy  which  would  have 
constantly  rendered  us  liable  to  the  fluctuation  and  distress 
which  Mr.  Buchanan  so  truthfully,  and  without  any  embellish 
ment,  describes. 

The  speech  from  which  we  have  made  the  above  extracts, 
then  refers  to  the  bill  under  discussion,  showing  that  it  amount 
ed  to  simply  this,  that  to  the  duties  of  the  existing  officers  of 
government,  who  already  collect  the  revenue  and  disburse  it, 
be  merely  superadded,  that  of  safely  keeping  and  transferring 
the  public  money,  according  to  the  exigencies  of  the  govern- 


232  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

ment  during  the  time  that  must  necessarily  intervene  between 
its  receipt  and  disbursement.  After  going  into  a  detailed 
statement  of  the  arguments  bearing  upon  the  bill,  our  indebt 
edness  to  foreign  countries,  Mr.  Buchanan  concluded  as  fol 
lows  : 

"But,  gentlemen  allege  that  the  President  has  committed 
another  grave  error,  in  stating  that  the  foreign  debt  contracted 
by  our  citizens  was  estimated,  in.  March  last,  at  more  than, 
thirty  millions  of  dollars.  This  estimate,  they  say,  is  below 
the  truth  some  eighty  or  ninety  millions.  If  it  were,  this 
would  only  be,  as  in  the  case  of  the  other  alleged  mistakes,  so 
much  in  favor  of  the  President's  argument,  not  against  it.  But 
how  do  they  prove  this  mistake  ?  By  adding  to  our  actual 
foreign  debt  now  due,  and  payable  by  the  merchants,  all  foreign 
investments  in  our  stocks,  and  all  the  permanent  loans  which 
have  been  made  in  England  to  the  several  States  and  to  corpo 
rations.  The  bare  statement  of  this  fact  is  sufficient.  It  is 
evident  the  President  was  not  estimating  the  amount  of  perma 
nent  investments  made  by  foreigners  in  this  country,  but  the 
actual  amount  of  our  commercial  debt  due  in  March  last,  which 
it  was  necessary  to  extinguish  before  our  trade  could  revive. 
This  debt  may  have  been  thirty-five  or  forty  millions  of  dollars, 
but  from  the  information  communicated  by  the  senator  from 
New  York  (Mr.  Tallmadge),  a  few  days  ago,  that  in  the 
opinion  of  the  merchants  of  New  York,  it  was  now  reduced  to 
twelve  millions  of  dollars.  I  should  very  much  doubt  whether 
it  at  all  exceeded  thirty  millions  in  March  last. 

"  How  cheering  the  intelligence  that  our  foreign  debt  has 
been  reduced  to  twelve  millions  of  dollars  I  The  resources  of 
our  country  are  so  abundant,  that  this  debt  must  very  soon  be 
extinguished.  Our  next  cotton  crop  will  create  a  large  balance 
in  our  favor.  The  foreign  exchanges  will  soon  no  longer  be 
against  us,  and  then  the  foreign  demand  for  specie  will  cease. 
All  sound  banks  may  then  with  safety  resume  specie  payments. 


SPEECH   ON   THE   8UB-TEEASUKY   BILL.  233 

They  will  have  nothing  to  dread,  except  the  want  of  confidence 
at  home.  This,  I  fear,  has  been  greatly  increased,  at  least 
throughout  the  interior  of  Pennsylvania,  by  the  refusal  of  the 
banks  in  Philadelphia  to  meet  those  of  New  York,  even  for  the 
purpose  of  consulting  at  what  time  it  was  probable  specie  pay 
ments  might  with  safety  be  resumed.  I  have  received  numer 
ous  letters  on  the  subject,  which  all  speak  the  same  language. 
This  refusal,  I  feel  confident,  did  not  arise  from  any  apprehen 
sion  that  these  banks  were  less  able  to  resume  specie  payments 
than  those  of  their  sister  city. 

"  Mr.  Van  Buren  is  not  only  correct  in  his  statements  of  fact, 
but  by  his  message,  he  has  forever  put  to  flight  the  charge  of 
non-committalism,  of  want  of  decision  and  energy.  He  has 
assumed  an  attitude  of  moral  grandeur  before  the  American 
people,  and  has  shown  himself  worthy  to  succeed'  General 
Jackson.  He  has  elevated  himself  much  in  my  own  esteem. 
He  has  proved  equal  to  the  trying  occasion.  Even  his  political 
enemies  who  cannot  approve  the  doctrines  of  the  message,  ad 
mire  its  decided  tone,  and  the  ability  with  which  it  sustains 
what  has  been  called  the  new  experiment.  And  why  should 
the  sound  of  new  experiments  in  governments  grate  so  harshly 
upon  the  ears  of  the  senator  from  Massachusetts  ?  Was  not  our 
government  itself,  at  its  origin,  a  new  and  glorious  experiment? 
Is  it  not  now  upon  its  trial  ?  If  it  should  continue  to  work  as 
it  has  heretofore  done,  it  will  at  least  secure  liberty  to  the 
human  race,  and  rescue  the  rights  of  man,  in  every  clime,  from 
the  grasp  of  tyrants.  Still  it  is,  as  yet,  but  an  experiment. 
For  its  future  success  it  must  depend  upon  the  patriotism  and 
the  wisdom  of  the  American  people  and  the  government  of 
their  choice.  I  sincerely  believe  that  the  establishment  of  the 
agencies  which  the  bill  provides,  will  exert  a  most  happy  in 
fluence  upon  the  success  of  our  grand  experiment,  and  that  it 
will  contribute  in  no  small  degree  to  the  prosperous  working  of 
our  institutions  generally.  The  message  will  constitute  the 
touchstone  of  political  parties  in  this  country  for  years  to  come, 


234:  LIFE    AND   SERVICES   OF   JAMES   BUCHANAN. 

and  I  shall  always  be  found  ready  to  do  battle  in  support  of  its 
doctrines,  because  their  direct  tendency  is  to  keep  the  federal 
government  within  its  proper  limits,  and  to  maintain  the  re 
served  rights  of  the  States.  To  take  care  of  our  own  money 
through  the  agency  of  our  own  officers,  without  the  employ 
ment  of  any  banks,  whether  State  or  national,  will,  in  my 
opinion,  greatly  contribute  to  these  happy  results  ;  and,  in 
sustaining  this  policy,  I  feel  confident  I  am  advocating  the  true 
interest  and  the  dearest  rights  of  the  people." 

Mr.  Buchanan's  powerful  speech  was  answered  both  by  Mr. 
Webster  of  Massachusetts,  and  Mr.  Preston  of  South  Carolina. 
It  was  customary  then  as  now,  for  the  public  press  to  give  the 
impression  to  the  country  that  every  democratic  speech  in  Con 
gress  was  always  crushed  by  the  answer  of  opponents.  Mr. 
Buchanan  shortly  after  the  delivery  of  his  speech  referring 
to  this  peculiaritv  remarked  : 

"  He  had  not  flattered  himself,"  he  said,  "  that  the  remarks 
which  he  had  made  some  days  ago,  in  answer  to  the  senator 
from  Massachusetts,  would  have  called  him  out  in  reply.  It 
has,  sir,  been  already  reported  over  the  whole  country,  by  a 
portion  of  the  newspaper  press,  that  the  blows  which  I  aimed 
at  him  with  a  feeble  hand,  had  been  repelled  by  his  adamantine 
armor,  without  leaving  the  slightest  impression.  Besides,"  said 
Mr.  B.,  "I  have  been  utterly  prostrated,  according  to  the  same 
reports,  by  the  senator  from  South  Carolina  (Mr.  Preston) f 
and  so  belabored  after  I  was  down,  that  I  can  scarcely  now  be 
recognized  by  my  most  intimate  friends.  Under  those  painful 
circumstances,  it  affords  me  a  ray  of  comfort  to  find  that  the 
-senator  from  Massachusetts  has  deemed  my  argument  worthy 
of  a  studied  reply.  I  hope  it  may  not  be  presumptuous  in  me 
to  say  a  few  words  by  way  of  rejoinder. 

"  Heaven  forbid  that  I  should  be  forced  to  lie  down  in  the 
same  bed  with  the  senator  fron?  Massachusetts,  the  senator 


SPEECH   ON   THE    SUB-TKEASURY   BILL.  235 

from  South  Carolina  (Mr.  Calhoun),  and  the  Secretary  of  the 
Treasury.  For  a  man  of  peace  like  myself,  the  be<l  of  Pro 
crustes  would  be  a  mercy  compared  with  such  fellowship. 
Never  were  there  more  ill-assorted  and  heterogeneous  materials 
brought  together.  If  my  argument  has  made  the  three  gentle 
men  lie  down  together  in  the  same  bed,  as  the  senator  has 
asserted,  there  let  them  lie  as  best  they  can ;  I"  beg  to  be  ex 
cused  from  becoming  a  partner  with  this  triple  alliance  ;  con^ 
scious  that  in  that  event  my  fate  would  deserve  to  be  pitied,  I 
shall  endeavor  to  support  myself  alone." 

All  the  prominent  debates  at  this  session  took  place  upon  the 
currency  question,  and  such  collateral  subjects  as  district  banks, 
deposit  banks,  &c.  Although  the  great  measure  of  the  session 
had  not  been  carried  yet,  the  discussion  elicited  had  prepared 
the  way  for  a  measure  of  a  similar  character.  The  extra 
session,  which  had  commenced  on  the  5th  of  September,  ad 
journed  on  the  16th  of  October. 


236  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN 


CHAPTER  XIV. 

Expunging  Resolution — Relations  with  Mexico — A  New  National  Bank — Mr.  Bucha 
nan's  Speech  on  Pre-emption  Rights— The  Slavery  Question— Resurrection  Notes — 
The  Independent  Treasury. 

THE  first  regular  session  of  the  twenty-fifth  Congress  opened 
on  the  4th  of  December,  1837.  Mr.  Buchanan,  according  to 
his  usual  custom,  was  in  his  seat  on  the  first  day  of  the  session. 
A  careful  scrutiny  of  the  proceedings  of  Congress  will  show 
that  Mr.  Buchanan  took  a  more  active  pf  *t  in  the  business  of 
the  country  than  any  other  senator.  In  Jie  present  session, 
his  name  stands  as  speaking  or  voting  upoj  more  public  ques 
tions  than  any  other  senator.  Mr.  Clay  was  considered  a  very 
active  member,  yet  Mr.  Buchanan  ranks  ahead  of  him  in  this 
respect.  Many  politicians  go  to  Congress  with  their  heads 
filled  with  a  single  idea  or  hobby.  Upon  this  they  are  always 
ready  to  make  a  speech  or  vote,  but  they  take  very  little,  if 
any,  interest  in  the  ordinary  and  general  business  of  govern 
ment.  Mr.  Buchanan,  however,  never  had  any  specialties  ;  he 
regarded  himself  as  a  senator  particularly  elected  to  represent 
the  great  State  of  Pennsylvania,  and  bound  by  the  duties  he 
owed  to  his  constituents  and  to  his  country  at  large,  to  take 
part  in  all  the  legislation  that  came  before  him,  no  matter  of 
how  slight  importance  it  might  be  considered.  In  this  he  showed 
the  jealous  watchfulness  of  the  true  statesman,  who  cares  for 
the  interests  of  even  the  humblest  of  the  people,  and  neg 
lects  nothing  that  appertains  to  their  welfare. 

Only  ten  days  of  the  session  had  elapsed  before  Mr.  Bayard 
of  Delaware  presented  a  resolution  to  rescind  the  former 


RELATIONS   WITH   MEXICO.  237 

"  expunging  resolution,"  which  had  been  passed  by  the  pre 
vious  Congress,  just  as  Gen.  Jackson  was  retiring  from  the 
chair  which  he  had  so  nobly'  filled.  Mr.  Bayard  did  not  pro 
pose  to  express  any  opinion  upon  the  propriety  of  passing  the 
Tesolution  of  censure  upon  Gen.  Jackson.  He  contended,  how 
ever,  that  it  was  wrong  to  have  "  expunged"  it  from  the  jour 
nal,  and  he  announced  his  resolute  determination  to  set  the 
ball  in  motion,  a  la  Benton,  and  so  keep  it  until  the  "  expung 
ing  resolution  "  should  be  repealed  ;  and  he  predicted  that  he 
should  live  to  see  that  day  arrive.  Mr.  Buchanan  replied  to 
him  by  saying,  "  that  the  honorable  member  from  Delaware 
must  desire  a  very  long  existence  in  this  vale  of  tears  if  he 
expected  to  live  until  what  was  asked  by  the  resolution  was 
adopted.  The  senator  has  been  pleased  to  say  he  would  not 
be  willing  to  die  so  soon.  He  certainly  wished  the  senator 
long  life  and  prosperity  ;  but  to  remain  until  his  aim  were  ac 
complished,  would  be  to  render  him  miserable,  unless  he  feasted 
on  the  Medean  herb  to  renovate  his  youth."  And  such  has 
proved  to  be  the  fact.  No  man  to  increase  his  popularity  would 
be  likely  now  to  make  a  move  to  replace  the  stigma  upon  Gen. 
Jackson's  official  conduct  which  the  heated  exasperations  of 
momentary  party  spite  put  upon  it. 

The  relations  of  this  country  with  Mexico  was  again  a  sub 
ject  of  debate  in  this  session,  and  again  we  find  Mr.  Buchanan, 
as  ever,  the  resolute  defender  of  his  country's  honor.  In  the 
course  of  a  debate  upon  this  subject,  Mr.  B.  traced  the  conduct 
of  the  Mexican  government  towards  our  citizens,  showed  how 
American  citizens  had  been  forced  to  leave  the  country,  that 
the  American  flag  was  no  protection  to  them,  and  that,  after 
being  insulted  and  robbed,  no  satisfaction  or  apology  was 
given.  When  Mr.  Clay  suggested  that  in  consideration  of  the 
deranged  state  of  the  currency  we  had  better  avoid  war,  Mr. 
Buchanan  replied  that,  "  if  the  national  honor  demanded  vin 
dication,  he  would  not  be  deterred  by  any  such  consideration. 
He  for  one  *  would  not  consent  to  see  American  citizens  plun- 


238  LIFE   AND    SEEVICES   OF   JAMES   BUCHANAN. 

dered  with  impunity.'"  It  was  on  this  occasion  that  he 
uttered  that  sentence  which  will  be  as  immortal  as  the  mind 
that  conceived  it :  "  Millions  to  defend  our  rights,  but  not  a 
cent  for  tribute." 

Mr.  Clay  could  not  give  up  entirely  his  favorite  scheme  of  a 
United  States  Bank,  and  although  the  institution  had  only  just 
been  fairly  crushed  by  the  gigantic  exertions  of  a  great  man,  yet, 
so  intent  was  he  upon  some  institution  of  a  similar  character,  that 
he  brought  before  Congress  in  May  the  plan  of  a  national  bank, 
to  be  located  in  the  city  of  New  York,  with  a  capital  of  some 
fifty  millions  of  dollars,  with  Mr.  Albert  Gallatin  at  its  head. 
Mr.  Buchanan  met  the  project  of  the  senator  from  Kentucky  at 
the  outset,  and  said,  "  that  he  was  rejoiced  that  the  senator 
had  come  out  in  a  bold  and  manly  manner,  and  presented  his 
project  of  a  national  bank.  The  two  great  parties  of  the  coun 
try  would  now  know  precisely  where  they  stood.  From  this 
day  the  issue  would  be  fairly  formed  and  distinctly  presented  to 
the  people.  On  the  one  side  there  was  a  national  bank,  with  a 
capital  of  fifty  millions,  sustained  by  the  revenues  of  the  govern 
ment,  and  enjoying  the  privilege  of  having  its  notes  received  in 
payment  of  the  public  dues  ;  whilst  on  the  other,  we  desired 
a  separation — a  friendly  separation — of  the '  business  of  the 
Treasury  from  that  of  all  the  banks,  leaving  each  of  them  to  its 
own  resources,  and  to  perform  its  own  duties,  without  danger 
of  being  crushed  or  controlled  by  a  mammoth  institution.  We 
wished  to  part  from  them  in  peace,  and  to  remain  at  peace  with 
them,  interposing  no  obstacles  in  the  way  of  their  healthy  and 
vigorous  action.  We  leave  them  to  be  regulated  by  the  States 
where  they  belong.  He  did  not  fear  the  final  result  of  such  a 
trial  before  the  American  people."  And  why,  we  ask,  did  Mr. 
Buchanan  not  fear  the  result  of  this  question  ?  We  reply, 
because  he  had  a  firm  confidence  in  the  judgment  and  intelli 
gence  of  the  people,  the  first  sentiment  in  the  heart  of  every 
true  democrat,  as  it  is  the  first  plank  in  the  platform  of  the 
party.  It  is  sufficient  to  say,  he  was  not  mistaken. 


SPEECH   ON   PKE-EMPTION   EIGHTS.  239 

The  pre-emption  right  of  land  to  actual  settlers,  is  one  of  the 
most  important  to  the  hardy  pioneer,  of  any  measure  ever 
enacted  by  our  government.  It  has  been  the  foundation  of  the 
fortune  of  many  a  person  who  now  stands  at  the  head  of  society, 
for  all  the  noble  qualities  that  can  adorn  the  human  character. 
A  young  man  with  his  wife,  and  scarcely  any  wordly  effects, 
except  it  may  be  a  dog  and  a  gun,  settles  upon  the  broad  prairies 
of  the  West,  and  after  having  improved  a  section  of  theyfand, 
and  perchance  accumulated  a  part  of  the  money  necessary  for 
its  purchase,  is  suddenly  surprised  in  his  dreams  of  a  comforta 
ble  home  by  some  speculator,  who  comes  along,  and  purchasing 
his  land,  assumes  the  right  to  dispossess  him  and  seize  upon  the 
fruits  of  his  hard-earned  toil.  It  is  strange  that  there  ever 
were  any  persons  elected  to  Congress  who  defended  a  measure 
which  would  allow  this.  Yet  such  is  the  fact.  While,  how 
ever,  there  were  but  few  who  went  to  this  extent,  there  were 
many  who  believed  that  a  distinction  ought  to  be  made  between 
our  own  citizens  and  the  industrious  emigrant  from  the  old 
world,  who,  after  plowing  his  weary  way  through  thousands  of 
miles  of  trackless  seas  like  our  forefathers,  should,  when  arriv 
ing  upon  the  fertile  fields  of  the  West,  be  there  subjected  to  the 
ruthless  sport  of  the  speculator.  It  is  a  gratification  of  no  tri 
fling  character,  that  we  find  Mr.  Buchanan  at  this  early  day 
resolutely  condemning  that  spirit  of  ostracism  that  would  thus 
place  barriers  in  the  way  of  those  who  seek  a  home  among 
us,  from  having  the  same  opportunity  of  reaping  the  rewards  of 
industry,  and  of  enjoying  the  advantages  of  equal  laws,  after 
they  had  come  so  far  and  braved  so  many  dangers  to  obtain  them. 
The  following  short  speech  delivered  by  Mr.  Buchanan  on  this 
subject,  in  January,  1838,  in  reply  to  Mr.  Clay,  will  be  respon 
ded  to  by  every  liberal  and  true-hearted  democrat  every 
where  : 

Mr.  Buchanan  said  that,  "  It  was  not  his  intention  to  go  into 
any  detailed  argument  upon  the  question  before  the  Senate. 


24:0  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

He  would  merely  state  in  general  terms,  the  reasons  why  he 
should  vote  for  the  bill.  This  he  would  do  not  for  the  purpose 
of  convincing  others,  but  of  placing  himself  in  the  position  which 
he  desired  to  occupy. 

"  It  had  been  repeated  over  and  over  again  in  the  course  of 
this  debate,  that  the  bill  before  the  Senate  would  confer  a 
bounty  upon  the  actual  settlers  on  the  public  lands,  at  the  ex 
pense  of  the  people  of  the  United  States.  He  denied  that  it 
would  produce  any  such  effect.  These  settlers  would  be  com 
pelled  to  pay  the  minimum  price  of  one  dollar  twenty-five  cents 
per  acre  for  their  land.  «  Could  the  government  now  obtain 
more  for  it  at  public  auction,  had  it  remained  unsettled  ?  Let 
the  history  of  the  past  answer  this  question.  From  the  1st  of 
January,  1823,  until  the  present  day,  averaging  all  the  land 
sales  which  had  been  made,  the  result  was,  that  we  had  received 
two,  three,  four,  five,  or  at  the  most,  six  cents  per  acre  more 
than  what  the  settlers  would  be  obliged  to  pay  under  this  bill. 
Senators  had  differed  in  their  statements  upon  this  subject,  but 
none  of  them  had  contended  that  the  average  price  upon  the 
whole  sales  exceeded  one  dollar  and  thirty-one  cents  per  acre. 
The  commissioner  of  the  land  office  states  it  to  have  been  one 
dollar  and  twenty-seven  cents  and  nine-twentieths.  The  ques 
tion  then  was,  whether  for  the  prospect,  and  a  hopeless  one  it 
was,  of  obtaining  six  cents  per  acre  more  at  public  auction,-  we 
should  attempt  to  expel  the  settlers  from  their  lands,  and  thus 
by  depriving  them  of  a  home,  inflict  the  greatest  misery  and  dis 
tress  upon  themselves  and  their  families  ? 

"  Mr.  B.  said  that  our  past  experience  ought  to  have  taught 
us  that  this  was  a  question  in  which  the  government  had  but 
little,  if  any,  pecuniary  interest.  It  was  a  question  between 
the  actual  settler  on  .the  one  side,  and  the  organized  bands  of 
speculators  which  attended  the  land  sales  on  the  other.  It  was 
notorious— it  had  often  been  established  on  this  floor — that 
these  speculators,  acting  in  concert,  had  prevented  bidding 
above  the  minimum  price,  and  had  purchased  our  most  valuable 


SPEECH    ON   PRE-EMPTION   EIGHTS. 

lands  at  a  dollar  and  a  quarter  per  acre.  If  the  settlers  should 
not  obtain  these  lands  at  this  price,  the  speculators  would. 
This  was  the  alternative.  Turn  this  question  and  argue  it  in 
whatever  mode  you  might,  still  we  come  to  the  same  result. 
It  was  a  matter  of  indifference  so  far  as  the  Treasury  was  con 
cerned,  whether  you  granted  these  pre-emptions  or  not.  In 
either  event  the  government  would  neither  be  benefited  nor 
injured.  Then  he  was  called  upon  to  decide  between  the 
actual  settler,  who  had  spent  his  time  and  his  labor  in  cutting 
down  the  forest  and  preparing  himself  a  home  in  the  wilderness, 
and  the  heartless  speculator  who  might  be  anxious  to  deprive 
these  hardy  pioneers  of  the  benefit  of  their  toils  and  to  purchase 
the  land  which  they  had  improved.  He  could  not  hesitate 
upon  that  subject.  Past  experience  had  rendered  it  certain 
that  the  United-  States  will  never  receive  more  for  their  land 
than  a  cent  or  two  per  acre  above  the  minimum  price  ;  and  for 
this  inconsiderable  difference  he  would  not  turn  off  the  men 
who  had  settled  upon  our  public  lands,  in  order  that  they  might 
be  monopolized  at  the  public  sales  by  speculators.  Let  the 
actual  settler  have  '  the  first  cut/  and  sufficient  will  remain  for 
the  companies  of  speculators  who  attend  the  public  auctions. 
He  had  no  doubt  that  in  both  these  modes  of  sales  there  had 
been  frauds  ;  but  he  should  always  lean  to  that  side  which 
would  protect  the  poor  man  in  the  possession  of  the  land  which 
he  had  rendered  valuable  by  the  sweat  of  his  brow,  rather  than 
in  favor  of  those  who  had  come  from  a  distance  to  purchase 
him  out  of  house  and  home. 

"  Mr.  B.  probably  should  not  have  said  a  word  upon  the  sub 
ject,  had  it  not  been  for  the  amendment  which  had  been  offered 
by  the  senator  from  Maryland  (Mr.  Merrick).  This  amend 
ment  proposed  to  make  an  invidious  distinction,  which  had 
never  been  made  heretofore  in  our  legislation,  against  foreigners 
who  had  settled  upon  the  public  lands,  and  had  not  been  natu 
ralized  prior  to  the  first  day  of  December  last.  Whilst  it 
granted  pre-emptions  in  such  cases  to  our  own  citizens,  it 

11 


24:2  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

excluded  these  foreigners.  Why  had  this  change  been  pro 
posed  in  our  settled  policy  ?  He  had  observed  with  regret  that 
attempts  were  now  extensively  making  throughout  the  country, 
to  excite  what  was  called  a  native  American  feeling  against 
those  who  had  come  from  a  foreign  land  to  participate  in  the 
blessings  of  our  free  Constitution.  Such  a  feeling  was  unjust — 
it  was  ungrateful.  In  the  darkest  days  of  the  Revolution,  who 
had  assisted  us  in  fighting  our  battles  and  achieving  our  inde 
pendence  ?  Foreigners  ;  yes  sir,  foreigners.  He  would  not  say, 
for  he  did  not  believe  that  our  independence  could  not  have 
been  established  without  their  aid  ;  but  he  would  say  the 
struggle  would  have  been,  longer  and  more  doubtful.  After 
the  Revolution,  immigration  had  been  encouraged  by  our  policy. 
Throughout  the  long  and  bloody  wars  of  Europe  which  had 
followed  the  French  revolution,  this  country  had  ever  been  an 
asylum  for  the  oppressed  of  all  nations.  He  trusted  that  at 
this  late  day,  the  Congress  of  the  United  States  were  not  about 
to  establish,  for  the  first  time,  such  an  odious  distinction  as  that 
proposed  between  one  of  our  citizens,  who  had  settled  upon  the 
public  lauds,  and  his  neighbor  who  had  pursued  the  same 
course  under  the  faith  of  your  previous  policy,  merely  because 
that  neighbor  had  not  resided  long  enough  within  the  United 
States  to  have  become  a  naturalized  citizen.  He  was  himself 
the  son  of  a  naturalized  foreigner,  and  perhaps  might  feel  this 
distinction  the  more  sensibly  on  that  account.  He  was  glad 
the  yeas  and  nays  had  been  demanded,  that  he  might  record 
his  vote  against  the  principle  proposed  by  the  amendment." 

*  *  *  *  *  *  * 

"  Wise  and  practical  statesmen  would  study  the  actual  con 
dition  of  the  country,  and  never  attempt  that  which  was  from 
its  nature  morally  impossible.  We  ought  to  yield  with  a  good 
grace  to  circumstances  which  we  could  not  control.  In  what 
situation  were  we  now  placed  ?  A  very  great  number  of  per 
sons  had  settled  upon  the  public  land  since  the  date  of  the  last 
pre-emption  law.  They  had  gone  there  on  the  presumption 


SPEECH   ON    PKE-EMPTION    EIGHTS.  243 

that  you  would  place  them  upon  the  same  footing  with  those 
who  had  gone  before  them.  You  had  for  years  pursued  this 
system,  and  you  had  passed  no  law  which  indicated  any  inten 
tion  of  abandoning  it.  You  had  thus,  to  a  certain  extent, 
pledged  your  faith  that  you  would  respect  the  rights  which 
might  be  acquired  in  this  manner.  You  were  now  placed  in  a 
condition  that  you  could  not  draw  back  even  if  you  would.  In 
that  part  of  Wisconsin,  west  of  Mississippi,  called  Iowa,  there 
were  now  more  than  thirty  thousand  settlers  on  the  public 
lands.  They  had  formed  themselves  into  counties,  and  erected 
court-houses,  and  this  government  had  sent  them  judges.  They 
were. now  a  nourishing  and  prosperous  community,  under  the 
protection  of  your  laws.  They  had  cleared  away  the  forests, 
and  erected  farm-houses  and  barns,  planted  orchards,  cultivated 
the  land,  and  were  surrounded  by  all  the  necessaries  and  many 
of  the  conveniences  of  life.  Could  you  now  expel  such  an  entire 
community  from  their  homes  ?  The  attempt  would  be  vain. 
It  would  cast  disgrace  upon  the  government.  After  an  unavail 
ing  effort,  it  would  be  abandoned.  It  might  be  persisted  in 
until  civil  commotion  would  be  excited,  and  blood  would  be 
shed.  At  that  point  it  must  end.  The  moral  sense  of  the 
people  of  this  country  would  be  roused  against  proceeding  any 
further. 

"  It  is  true,  that  if  the  whole  power  of  the  United  States 
were  exerted  for  such  a  purpose,  we  might  destroy  this  happy 
community,  and  drive  them  from  their  homes  ;  but  it  would 
never  thus  be  exerted.  It  is  wise,  therefore,  to  submit  at  once 
to  a  moral  necessity  which  has  been  imposed  upon  you  in  con 
sequence  of  your  own  conduct.  It  is  true  that  you  may  lose  a 
cent  or  two  per  acre  on  the  price  of  the  land  ;  but  is  such  a 
loss  worth  mentioning  when  compared  either  with  the  calamities 
and  injustice  you  would  inflict  by  a  rigid  adherence  to  the  letter 
of  the  law,  or  with  the  expense  which  you  would  incur  by  send 
ing  an  armed  force  into  that  country,  in  a  vain  attempt  to 
enforce  its  provisions  ? 


24:4:  LIFE   AND    SEKVICES    OF   JAMES    BUCHANAN. 

"  Mr.  B.  had  been  asked  by  the  senator  from  Kentucky  if  he 
would  compare  the  hordes  of  foreign  paupers  that  are  con 
stantly  flooding  our  shores,  with  the  de  Kalbs,  the  Steubens, 
the  Lafayettes,  and  the  Pulaskis  of  the  Revolution  ?  It  was 
easy  to  ask  such  a  question.  He  felt  a  deep  and  grateful  vene 
ration  for  the  memory  of  these  illustrious  men.  They  were 
leaders  of  our  armies  ;  but  what  could  they  have  accomplished 
without  soldiers  ?  Was  it  not  a  fact  known  to  the  world,  that 
the  emigrants  from  the  Emerald  Isle — that  land  of  brave  hearts 
and  strong  arms — had  shed  their  blood  freely  in  the  cause  of 
our  liberty  and  independence  ?  It  was  now  both  ungrateful  and 
unjust  to  speak  of  these  people,  in  the  days  of  our  prosperity, 
as  hordes  of  foreign  paupers.  Such  was  not  the  language 
applied  to  them  during  the  revolutionary  war,  when  they  con 
stituted  a  large  and  effective  proportion  of  our  armies. 

"  The  senator  had  asked  if  he  (Mr.  B.)  would  grant  pre 
emptions  to  the  Hessians  ?  It  was  true,  they  had  fought  upon 
the  wrong  side,  and  were  not  much  entitled  to  our  sympathies 
Still  some  apology  might  be  made  even  for  them.  They  were 
the  slaves  of  despotic  power,  and  they  were  sold  by  their  mas 
ters  like  cattle,  to  the  British  government.  They  had  no  will 
of  their  own,  but  were  under  the  most  abject  subjection  to  petty 
princes,  who  considered  themselves,  by  the  grace  of  God,  born 
to  command  them.  But  the  condition  even  of  the  poor  Hes 
sian  has  since  been  greatly  improved.  The  principles  of  liberty, 
which  were  sanctified  by  the  American  Revolution,  are  winning 
their  way  among  every  civilized  people.  In  no  country  have 
they  made  greater  progress  than  among  the  people  of  Germany. 
The  Hessian  of  the  present  day  is  far  different  from  what  his 
fathers  were  ;  and  let  me  tell  senators  from  the  West,  that  the 
best  settlers  they  can  have  amongst  them  are  the  Germans. 
Industrious,  honest,  and  persevering,  they  make  the  best 
farmers  of  our  country,  while  their  firmness  of  character 
qualifies  them  for  defending  it  against  any  hostile  attacks, 
which  may  be  made  by  the  Indians  along  our  western  frontier. 


THE    SLAVERY    QUESTION. 

As  to  the  hordes  of  foreigners  of  which  we  had  heard,  tL<;y  did 
not  alarm  him.  Any  foreigner  from  any  country  under  the  sun, 
who,  after  landing  with  his  family  on  our  Atlantic  coast,  will 
make  his  long  and  weary  way  into  the  forests  or  prairies  west 
of  the  Mississippi,  and  there,  by  patient  toil,  establish  a  settle 
ment  upon  the  public  lands,  whilst  he  thus  manifests  his  attach 
ment  to  our  institutions,  shows  that  he  is  worthy  of  becoming 
an  American  citizen.  He  furnishes  us  by  his  conduct  the 
surest  pledge  that  he  will  become  a  citizen  the  moment  the 
laws  of  the  country  permit.  In  the  meantime,  so  far  as  my 
vote  is  concerned,  he  shall  continue  to  stand  upon  the  same 
footing  with  citizens,  and  have  his  quarter  section  of  land  at 
the  minimum  price." 

The  exciting  question  of  slavery  again  came  up  at  the  pre 
sent  session  upon  some  resolutions  offered  by  Mr.  Calhoun.  Mr. 
Buchanan  again  stated  his  position  and  declared  his  determina 
tion,  no  matter  what  were  the  consequences,  to  give  the  South 
their  constitutional  right,  on  this  question,  and  to  resist  the 
aggression  which  was  coming  from  the  North.  On  this  occasion, 
amid  the  power  which  the  abolitionists  were  gaining,  and  while  it 
was  yet  muttering  in  the  distance,  attracting  the  attention  of 
politicians  who  always  began  to  think  that  something  might  yet 
be  made  out  of  this  new  British  exotic,  Mr.  Buchanan  uttered 
these  memorable  words  :  "I  have  long  since  taken  my  stand, 
and  from  it  I  shall  not  be  driven.  I  do.  not  desire  to  maintain 
myself  at  home,  unless  I  can  do  it  with  a  due  regard  to  the 
rights  and  safety  of  the  South."  In  the  same  speech  he  said  : 

"  And,  if  the  Union  should  be  dissolved  upon  the  question 
of  slavery,  what  will  be  the  consequences  ?  An  entire  non- 
intercourse  between  its  different  parts,  mutual  jealousies,  and 
implacable  wars.  The  hopes  of  the  friends  of  liberty,  in  every 
clime,  would  be  blasted  ;  and  despotism  might  regain  her  em 
pire  over  the  world.  I  might  present  in  detail  the  evils  which 


246  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

would  flow  from  disunion,  but  I  forbear,  I  shall  no  further  lift 
the  curtain.  The  scene  would  be  too  painful.  The  good  sense 
and  sound  patriotism  of  the  people  of  the  North,  when  once 
aroused  to  the  danger,  will  apply  the  appropriate  remedy.  The 
peaceful  influence  of  public  opinion  will  save  the  Union. 

"  The  select  committee  might  report  a  resolution,  which 
would  obtain  the  unanimous  vote  of  the  Senate,  declaring  that 
neither  the  Congress  of  the  United  States,  nor  any  State,  nor 
any  combination  of  individuals  in  any  State,  has  any  right  to 
interfere  with  the  existence  or  regulation  of  slavery  in  any 
other  State,  where  it  is  recognized  by  law.  Even  the  abolition 
ists  themselves,  so  far  as  my  knowledge  extends,  have  never 
denied  this  principle.  It  was  solemnly  announced  by  the  first 
Congress,  and  it  is  most  clearly  the  doctrine  of  the  Constitu 
tion,  that  instrument  expressly  recognizes  the  right  to  hold 
slaves  as  property  in  States  where  slavery  exists.  This,  then, 
is  not  a  question  of  general  morality,  affecting  the  consciences 
of  men,  but  it  is  a  question  of  constitutional  law.  When  the 
States  became  parties  to  the  federal  compact,  they  entered 
into  a  solemn  agreement  that  property  in  slaves  should  be  as 
inviolable  as  any  other  property.  Whilst  the  Constitution 
endures,  no  human  power,  except  that  of  the  State  within 
which  slavery  exists,  has  any  right  to  interfere  with  the 
question.  An  attempt  on  the  part  of  any  other  State,  or  of 
Congress,  to  violate  this  right,  would  be  a  palpable  violation 
of  the  Constitution.  Congress  might  as  well  undertake  to 
interfere  with  slavery  under  a  foreign  government,  as  in  any 
of  the  States  where  it  now  exists.  I  feel  confident  that  there 
would  not  be  a  single  dissenting  voice  raised  in  the  Senate 
against  the  adoption  of  such  a  resolution  as  I  have  suggested. 

"  A  second  resolution  might  assert  the  principle  that  Con 
gress  have  no  right  under  the  Constitution  to  prohibit  the 
transfer  of  slaves  by  a  citizen  of  one  State  to  a  citizen  of  an 
other  State,  when  slavery  is  recognized  by  the  laws  of  both. 
The  power  "  to  regulate  commerce  among  the  several  States," 


RESURRECTION   NOTES.  24:7 

can  never  be  construed  into  a  power  to  abolish  this  commerce. 
Regulation  is  one  thing,  destruction  another  As  long  as  slaves 
continue  to  be  property  under  the  Constitution.  Congress  might 
as  well  undertake  to  prohibit  the  people  of  Massacausetts  from 
selling  their  domestic  manufactures  in  South  Carolina,  as  to 
prohibit  the  master  of  a  slave  in  Virginia  from  disposing  of  him 
to  his  neighbor  in  North  Carolina.  Both  cases  rest  upon  the 
same  principle  of  constitutional  law.  The  power  to  regulate 
does  not  imply  the  power  to  destroy.  I  believe  that  such  a 
resolution  would  encounter  no  serious  opposition  in  the  Senate. 
"  Again,  a  third  resolution  might  be  adopted  in  regard  to 
the  abolition  of  slavery  in  the  District  of  Columbia,  which 
would  unite  nearly  every  suffrage  in  the  Senate.  This  District 
was  ceded  to  the  United  States  by  Virginia  and  Maryland. 
At  the  date  of  the  cession,  they  were  both  slaveholding  States, 
and  they  continue  to  be  so  at  this  day.  Does  any  man  suppose 
for  a  single  moment,  that  they  would  have  ever  made  this 
cession,  if  they  had  supposed  that  Congress  would  abolish 
slavery  in  this  District  of  ten  miles  square,  whilst  it  existed  in 
their  surrounding  territories  ?  So  long. as  it  continues  in  these 
two  States,  it  would  be  a  violation  of  the  implied  faith  which 
we  pledged  to  them  by  the  acceptance  of  the  cession,  to  con 
vert  this  very  cession  into  the  means  of  injuring  and  destroy  ing 
their  peace  and  security," 

A  matter  of  no  small  importance  came  before  Congress  in 
relation  to  the  old  United  States  Bank.  It  could  not  be  con 
tent  to  die  gracefully  and  resignedly  after  it  had  received  its 
fatal  blow,  but  by  disobeying  the  act  of  Congress  it  sought  to 
perpetuate  its  existence  by  proxy,  and  the  Pennsylvania  Bank 
of  the  United  States  having  been  recently  re-chartered,  the  old 
institution,  instead  of  winding  up  its  affairs,  as  it  was  bound 
to  do,  made  an  assignment  of  all  its  effects  and  business  to  the 
>/ niladelphia  concern.  This  re-issued  the  notes  of  the  old  bank, 
and  hence  the  introduction  into  Congress  of  a  bill  to  prohibit 


248  LIFE   AND   SERVICES   CF   JAMES   BUCHANAN. 

the  circulation  of  these  "  resurrection  notes"  as  they  were 
called.  Mr,  Buchanan  made  a  long  and  exceedingly  able 
speech  upon  this  bill,  in  the  beginning  of  which  he  referred 
to  the  chartering  of  the  Pennsylvania  Bank  of  the  United 
States,  declaring  that  whatever  might  be  his  opinion  in  regard 
to  the  policy  of  that  measure,  he  had  no  right  to  discuss  it 
upon  the  floor  of  the  United  States  Senate.  It  was  a  state 
affair  with  which  Congress  had  nothing  to  be. 

"As  I  ato  on  the  floor,  however,"  said  Mr.  Buchanan,  "  I 
shall  proceed  to  discuss  the  merits  of  the  bill  now  before  the 
Senate.  It  proposes  to  inflict  a  fine  not  exceeding  ten  thou 
sand  dollars,  or  imprisonment  for  not  less  than  one  or  more 
than  five  years,  or  both  such  fine  and  imprisonment  at  the  dis 
cretion  of  the  court,  upon  those  who  shall  be  convicted  under 
its  provisions.  Against  whom  does  it  denounce  these  penalties  ? 
Against  directors,  officers,  trustees,  or  agents  of  any  corpora 
tion  created  by  Congress,  who,  after  its  term  of  existence  is 
ended,  shall  re-issue  the  dead  notes  of  the  defunct  corporation, 
and  push  them  into  the  circulation  of  the  country,  in  violation 
of  its  original  charter.  The  bill  embraces  no  person,  acts  upon 
no  person,  interferes  with  no  person,  except  those  whose  duty 
it  is,  under  the  charter  of  the  old  bank,  to  redeem  and 
cancel  the  old  notes  as  they  are  presented  for  payment,  and 
who,  in  violation  of  this  duty,  send  them  again  into  circula 
tion. 

"  This  bill  inflicts  severe  penalties,  and  before  we  pass  it,  we 
ought  to  be  entirely  satisfied,  first  that  the  guilt  of  the  indivi 
duals  who  shall  violate  its  provisions  is  sufficiently  aggravated 
to  justify  the  punishment  ;  second,  that  the  law  will  be  politic 
in  itself  ;  and  third,  that  we  possess  the  constitutional  power 
to  enact  it. 

"First,  then,  as  to  the  nature  and  aggravation  of  the  offence. 
The  charter  of  the  late  Bank  of  the  United  States  expired 
by  its  own  limitation,  on  the  3d  of  March,  1836.  After  that 


SPEECH   ON   KESUKKECTION    KOTES.  249 

day,  it  could  issue  no  notes,  discount  no  new  paper,  and  exer 
cise  none  of  the  usual  functions  of  a  bank  For  two  years 
thereafter,  until  the  3d  of  March,  1838,  it  was  merely  permit 
ted  to  use  its  corporate  name  and  capacity  '  for  the  purpose  of 
suits  for  the  final  settlement  and  liquidation  of  the  affairs  and 
accounts  of  the  corporation,  and  for  the  sale  and  disposition  of 
their  estate,  real,  personal,  and  mixed,  but  not  for  any  other 
purpose,  or  in  any  other  manner  whatsoever/  Congress  had 
granted  the  bank  no  power  to  make  a  voluntary  assignment  of 
its  property  to  any  corporation  or  any  individual.  On  the  con 
trary,  the  plain  meaning  of  the  charter  was,  that  all  the  affairs 
of  the  institution  should  be  wound  up  by  its  own  president  and 
directors.  It  received  no  authority  to  delegate  this  important 
trust  to  others  ;  and  yet  what  has  it  done  ?  On  the  2d 
day  of  March,  1836,  one  day  before  the  charter  had  expired, 
this  very  president  and  these  directors  assigned  all  the  pro 
perty  and  effects  of  the  old  corporation  to  the  Pennsylvania 
Bank  of  the  United  States.  On  the  same  day,  this  latter  bank 
accepted  the  assignment,  and  agreed  to  '  pay,  satisfy,  and  dis 
charge  all  debts,  contracts,  and  engagements,  owing,  entered 
into,  or  made  by  this  (the  old)  bank,  as  the  same  shall  become 
due  and  payable,  and  fulfill  and  execute  all  trusts  and  obliga 
tions  whatsoever  arising  from  its  transactions,  or  from  any  of 
them,  so  that  every  creditor  or  rightful  claimant  shall  be  fully 
satisfied/  By  its  own  agreement  it  has  thus  expressly  created 
itself  a  trustee  of  the  old  bank.  But  this  was  not  necessary  to 
confer  upon  it  that  character.  By  the  bare  act  of  accepting 
the  assignment,  it  became  responsible,  under  the  laws  of  the 
land,  for  the  performance  of  all  the  duties  and  trusts  required 
by  the  old  charter.  Under  the  circumstances,  it  cannot  make 
the  slightest  pretences  of  any  want  of  notice. 

"  Having  assumed  this  responsibility,  the  duty  of  the  new 
bank  was  so  plain,  that  it  could  not  have  been  mistaken.  It 
had  a  double  character  to  sustain.  Under  the  charter  from 
Pennsylvania,  it  became  a  new  banking  corporation,  whilst, 

11* 


250  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

under  the  assignment  from  the  old  bank,  it  became  a  trustee  to 
wind  up  the  concerns  of  that  institution  under  the  act  of  Con 
gress.  These  two  characters  were  in  their  nature  separate  and 
distinct,  and  never  ought  to  have  been  blended.  For  each  of 
these  purposes  it  ought  to  have  kept  a  separate  set  of  books. 
Above  all,  as  the  privilege  of  circulating  bank  notes,  and  thus 
creating  a  paper  currency,  is  that  function  of  a  bank  which 
most  deeply  and  vitally  affects  the  community,  the  new  bank 
ought  to  have  cancelled  or  destroyed  all  the  notes  of  the  old 
bank,  which  it  found  in  its  possession  on  the  4th  of  March, 
1836,  and  ought  to  have  redeemed  the  remainder  at  its  counter, 
as  they  were  demanded  by  the  holders,  and  then  destroyed 
them.  This  obligation  no  senator  has  attempted  to  doubt  or 
deny.  But  what  was  the  course  of  the  bank  ?  It  has  grossly 
violated  both  the  old  and  the  new  charter.  It  at  once  declared 
independence  of  both,  and  appropriated  to  itself  all  the  notes 
of  the  old  bank,  not  only  those  which  were  then  still  in  circula 
tion,  but  those  which  had  been  redeemed  before  it  accepted  the 
assignment,  and  were  then  lying  dead  in  its  vaults.  I  have 
now  before  me  the  first  monthly  statement  which  was  ever  made 
by  the  bank  to  the  Auditor  General  of  Pennsylvania.  It  is 
dated  on  the  2d  of  April,  1836,  and  signed,  J.  Cowperthwaite, 
acting  cashier.  In  this  statement  the  bank  charges  itself  with 
'notes  issued/  $36,620,420  16,  whilst  in  its  cash  account, 
along  with  its  specie  and  the  notes  of  State  banks,  it  credits 
itself  with  '  notes  of  the  Bank  of  the  United  States  and  offices ' 
on  hand,  $16,794,713  71.  It  thus  seized  these  dead  notes  to 
the  amount  of  $16,794,713  71,  and  transformed  them  into  cash, 
whilst  the  difference  between  those  on  hand  and  those  issued, 
equal  to  $19,825,706  45,  was  the  circulation  which  the  new 
bank  boasted  it  had  inherited  from  the  old.  It  thus,  in  an 
instant  appropriated  to  itself,  and  adopted  as  its  own  circula 
tion,  all  the  notes  and  all  the  illegal  branch  drafts  of  the  old 
bank,  which  were  then  in  existence.  Its  boldness  was  equal  to 
its  utter  disregard  of  law.  In  this  first  return  it  not  only  pro- 


SPEECH    ON   RESURRECTION   NOTES.  251 

claimed  to  the  legislature  and  people  of  Pennsylvania  that  it 
had  disregarded  its  trust  as  assignee  of  the  old  bank,  by  seizing 
upon  the  whole  of  the  old  circulation,  and  converting  it  to  its 
own  use,  but  that  it  had  violated  one  of  the  fundamental  pro 
visions  of  its  new  charter. 

"  In  Pennsylvania,  we  have  for  many  years  past  deemed  it 
wise  to  increase  the  specie-basis  of  our  paper  circulation.  We 
know  that,  under  the  universal  law  of  currency,  small  notes, 
and  gold  and  silver  coin  of  the  same  denomination,  .cannot 
circulate  together,  The  one  will  expel  the  other  Accordingly, 
it  is  now  long  since  we  prohibited  our  banks  from  issuing  notes 
of  a  less  denomination  than  five  dollars.  The  legislature  which 
re-chartered  the  bank  of  the  United  States,  deemed  it  wise  to 
proceed  one  step  farther  in  regard  to  this  mammoth  institution, 
and  in  that  opinion  I  entirely  concur.  Accordingly,  by  the 
sixth  fundamental  article  of  its  charter,  they  declare  that  'the 
notes  and  bills  which  shall  be  issued  by  order  of  said  corpora 
tion,  or  under  its  authority,  shall  be  binding  upon  it,  and  those 
made  payable  to  order  shall  be  assignable  by  endorsement,  but 
none  shall  be  issued  of  a  denomination  less  than  ten  dollars/ 

"  Now,  it  is  well  known  to  every  senator  within  the  sound  of 
my  voice,  that  a  large  proportion  of  these  resurrection-notes, 
as  they  have  been  aptly  called,  which  have  been  issued  and 
re-issued  by  order  of  the  new  bank,  are  of  the  denomination  of 
five  dollars.  Here,  then,  is  a  plain,  palpable  violation,  not  only 
of  the  spirit  but  of  the  very  letter  of  its  charter.  The  Senate 
will  perceive  that  the  bank,  as  if  to  meet  the  very  case,  is  not 
merely  prohibited  from  issuing  its  own  notes,  signed  by  its  own 
president  and  cashier,  of  a  denomination  less  than  ten  dollar?, 
but  this  prohibition  is  extended  to  the  notes  or  bills  which  shall 
be  issued  by  its  order  or  under  its  authority.  If  I  should  even 
be  mistaken  in  this  construction  of  the  law,  and  I  believe  I  am 
not,  it  will  only  follow,  that  its  conduct  has  not  amounted  to  a 
legal  forfeiture  of  its  charter.  In  both  cases,  the  violation  of 
the  spirit  of  its  charter,  and  the  contravention  of  the  wise  policy 


LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

of  the  legislature,  are  equally  glaring.  So  entirely  did  the  bank 
make  these  dead  notes  its  own  peculiar  circulation,  that  until  July 
last,  in  its  monthly  return  to  the  Auditor-General  of  Pennsyl 
vania,  the  new  and  the  old  notes  are  blended  together,  without 
any  distinction.  In  that  return  we  are,  for  the  first  time, 
officially  informed  that  the  bank  had  ever  issued  any  notes  of 
its  own 

"  And  here  an  incident  occurs  to  me  which  will  be  an  ad 
ditional  proof  how  lawless  is  this  bank,  whenever  obedience  to 
its  charter  interferes  in  the  least  degree  with  its  policy.  By  the 
tenth  fundamental  article  of  that  charter,  it  is  required  '  to  make 
to  the  Auditor  General  monthly  returns  of  its  condition,  show 
ing  the  details  of  its  onerations,  according  to  the  forms  of  the 
returns  the  bank  of  the  United  States,  now  makes  to  the 
Secretary  of  the  Treasury  of  the  United  States,  or  according  to 
such  form  as  may  be  established  by  law.'  From  no  idle  curi 
osity,  but  from  a  desire  to  ascertain,  as  far  as  possible,  the  con 
dition  of  the  banks  of  the  country,  and  the  amount  of  their  cir 
culation,  I  requested  the  Auditor  General,  during  the  late  special 
session  of  Congress  in  September,  to  send  me  the  return  of  the 
bank  for  that  month.  In  answer,  he  informed  me,  under  date 
of  the  22d  of  September,  that  the  bank  had  not  made  any 
return  to  his  office  since  the  15th  of  the  preceding  May.  Thus, 
from  the  date  of  the  suspension  of  specie  payments,  until  some 
time  after  the  22d  of  September  last,  how  long  I  do  not  know, 
a  period  during  which  the  public  mind  was  most  anxious  on  the 
subject,  the  bank  put  this  provision  of  its  charter  at  defiance. 
Whether  it  thus  omitted  its  duty,  because  at  the  date  of  the 
suspension  of  specie  payments  it  had  less  than  a  million  and  a 
half  of  specie  in  its  vaults,  I  shall  not  pretend  to  determine.  If 
this  were  the  reason,  I  have  no  doubt  that  it  sent  to  the 
Auditor  General  all  the  intermediate  monthly  returns  on  the 
2d  of  October,  1837,  because  at  that  period  it  had  increased  its 
gold  and  silver  to  more  than  three  millions  of  dollars. 

"  In  order  to  illustrate  the  enormity  of  the  offence  now  pro- 


SPEECH   ON   KESUBKECTION    NOTES.  253 

posed  to  be  punished,  senators  have  instituted  several  compari 
sons.  No  case  which  they  have  imagined  equals  the  offence  as 
it  actually  exists.  Would  it  not,  says  one  gentleman,  be  a  13 a- 
grant  breach  of  trust  for  an  executor  intrusted  with  the  settle 
ment  of  his  testator's  estate,  to  re-issue,  and  again  put  in  circu 
lation  for  his  own  benefit,  the  bills  of  exchange  or  promissory 
notes  which  he  had  found  among  the  papers  of  the  deceased, 
and  which  had  been  paid  and  extinguished  in  his  lifetime  ?  I 
answer,  that  it  would.  But,  in  that  case,  the  imposition  upon 
the  community  would  necessarily  be  limited,  whilst  the  means 
of  detection  would  be  ample.  The  same  may  be  observed  in 
regard  to  the  case  of  the  trustee,  which  has  been  suggested. 
What  comparison  do  these  cases  bear  to  that  of  the  conduct  of 
the  bank  ?  The  amount  of  its  re-issues  of  these  dead  notes  of 
its  testator,  is  many  millions.  Their  circulation  is  co-extensive 
with  the  Union,  and  there  is  no  possible  means  of  detection. 
No  man  who  receives  this  paper  can  tell  whether  it  belongs  to 
that  class  which  ihe  new  bank  originally  found  dead  in  its  vaults, 
or  to  that  which  it  has  since  redeemed  and  re-issued,  in  violation 
of  law,  or  to  that  which  has  remained  circulating  lawfully  in  the 
community,  and  has  never  been  redeemed  since  the  old  charter 
expired.  There  is  no  earmark  upon  these  notes.  It  is  impossi 
ble  to  distinguish  those  which  have  been  illegally  re-issued  from 
the  remainder. 

"  I  can  imagine  but  one  case  which  would  present  anything 
like  a  parallel  to  the  conduct  of  the  bank.  In  October  last,  we 
authorized  the  issue  of  $10,000,000  of  treasury  notes,  and 
directed  that  when  they  were  received  in  payment  of  the  public 
dues,  they  should  not  be  re-issued,  but  be  cancelled.  Now,  sup 
pose  the  Secretary  of  the  Treasury  had  happened  to  be  the 
president  of  a  bank  in  this  district,  and,  in  that  character,  had 
re-issued  these  dead  treasury  notes,  which  he  ought  to  have  can 
celled,  and  again  put  them  into  circulation,  in  violation  of  the 
law,  then  a  case  would  exist  which  might  be  compared  with 
that  now  before  the  Senate.  If  such  a  case  should  ever  occur, 


254:  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

would  not  the  secretary  at  once  be  impeached  ;  and  is  there  a 
senator  upon  this  floor  who  would  not  pronounce  him  guilty  ? 
The  pecuniary  injury  to  the  United  States  might  be  greater  in 
the  supposed  than  in  the  actual  case,  but  the  degree  of  moral 
guilt  would  be  the  same. 

"  Whether  it  be  politic  to  pass  this  law  is  a  more  doubtful 
question.  Judging  from  past  experience,  the  bank  may  openly 
violate  its  provisions  with  impunity.  It  can  easily  evade  them 
by  sending  packages  of  these  old  notes  to  the  South  and  South 
west,  by  its  agents,  there  to  be  re-issued  by  banks  or  individuals 
in  its  confidence.  There  is  one  fact,  however,  from  which  I  am 
encouraged  to  hope  that  this  law  may  prove  effectual.  No  man 
on  this  floor  has  attempted  to  justify,  or  even  to  palliate,  the 
conduct  of  the  bank.  Its  best  friends  have  not  dared  to  utter 
a  single  word  in  its  defence  against  this  charge.  The  moral 
influence  of  their  silence,  and  the  open  condemnation  of  its 
conduct  by  some  of  them,  may  induce  the  bank  to  obey  the 
law. 

"  I  now  approach  the  question,  do  Congress  possess  power 
under  the  Constitution  to  pass  this  bill  ?  In  other  words,  have 
we  power  to  restrain  the  trustees  of  our  own  bank  from  re-issu 
ing  the  old  notes  of  that  institution,  which  have  already  been 
redeemed,  and  ought  to  be  destroyed  ?  Can  there  be  a  doubt 
of  the  existence  of  this  power?  The  bare  statement  of  the 
question  seems  to  me  sufficient  to  remove  every  difficulty.  It 
is  almost  too  plain  for  argument.  I  should  be  glad  if  any 
gentleman  would  even  prove  this  power  to  be  doubtful. 
Then  even  I  should  refrain  from  its  exercise.  I  am  a  State 
rights  man,  and  in  favor  of  a  strict  construction  of  the  Consti 
tution.  The  older  I  grow,  and  the  more  experience  I  ac 
quire,  the  more  deeply  rooted  does  this  doctrine  become  in  my 
mind.  I  consider  a  strict  construction  of  the  Constitution 
necessary  not  only  to  the  harmony  which  ought  to  exist  be 
tween  the  Federal  and  State  governments,  but  to  the  perpetua 
tion  of  the  Union.  I  shall  exercise  no  power  which  I  do  not 


SPEECH   ON   RESURRECTION    NOTES.  255 

consider  clear.  I  call  upon  gentlemen,  therefore,  to  break 
their  determined  silence  upon  this  subject,  and  convince  me 
even  that  the  existence  of  the  power  is  doubtful.  If  they  do, 
I  pledge  myself  to  vote  against  the  passage  of  the  bill. 

"If  this  power  could  only  be  maintained  by  some  of  the 
arguments  advanced  by  the  friends  of  the  bill  in  the  early  part 
of  this  discussion,  it  never  should  receive  my  vote.  Principles 
were  then  avowed  scarcely  less  dangerous  and  unsound  than 
the  principle  on  which  the  senator  from  Vermont  (Mr.  Pren- 
tiss)  insists  that  the  friends  of  the  bill  must  claim  this  power. 
He  contends  that  it  does  not  exist  at  all,  unless  it  be  under  that 
construction  of  the  Constitution  advocated  by  his  friend  from 
Massachusetts  (Mr.  Webster),  which  would  give  to  Congress 
power  over  the  whole  paper  currency  of  the  country,  under 
the  coining  and  commercial  powers  of  the  Constitution.  The 
senator  from  Connecticut  (Mr.  Niles)  was  the  first  in  this  de 
bate  who  presented  in  bold  relief  the  principles  on  which  this 
bill  can  securely  rest. 

"  Neither  shall  I  dodge  the  question,  as  some  senators  have 
done,  by  taking  shelter  under  the  pretext  that  it  is  a  question 
for  the  judiciary  to  decide  whether  the  general  language  of 
the  bill  be  applicable  to  the  officers  of  the  Bank  of  the  United 
States,  under  the  Pennsylvania  charter.  We  all  know  that  it 
was  intended  to  embrace  these.  Indeed,  it  was  their  conduct, 
and  that  alone,  which  called  this  bill  into  existence.  It  is 
true  that  the  provisions  of  the  bill  extend  to  all  corporations 
created  by  Congress  ;  but  it  is  equally  certain  that  had  it 
not  been  intended  to  apply  to  the  Bank  of  the  United  States, 
it  would  have  been  confined  in  express  terms  to  the  District 
of  Columbia,  where  alone  corporations  now  exist  under  the 
authority  of  Congress.  Away  with  all  such  subterfuges  ;  I 
will  have  none  of  them. 

"  Suppose,  sir,  that  at  any  time  within  the  period  of  two 
years  thus  allowed  by  the  charter  to  the  president  and  direc 
tors  to  make  up  its  affairs,  these  officers,  created  under  your 


256  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

own  authority,  had  attempted  to  throw  thirty  millions  of  dol 
lars  of  their  dead  paper  money  again  into  circulation,  would 
you  have  had  no  power  to  pass  a  law  to  prevent  and  to  punish 
such  an  atrocious  fraud  ?  Would  you  have  been  compelled  to 
look  on  and  patiently  submit  to  such  a  violation  of  the  charter 
which  you  had  granted  ?  Have  you  created  an  institution  and 
expressly  limited  its  term  of  existence  which  you  cannot  destroy 
after  that  term  has  expired  ?  This  would  indeed  be  a  political 
hydra,  which  must  exist  forever,  without  any  Hercules  to  de 
stroy  it.  If  you  possess  no  power  to  restrain  the  circulation 
of  the  notes  of  the  old  bank,  they  may  continue  to  circulate  for 
ever,  in  defiance  of  the  power  which  called  them  into  existence. 
You  have  created  that  which  you  have  no  power  to  destroy, 
although  the  law  which  gave  it  birth  limited  the  term  of  its 
existence.  Will  any  senator  contend  that  during  these  two 
years  allowed  by  the  charter  for  winding  up  the  concerns  of 
the  bank,  we  possessed  no  power  to  restrain  its  president  and 
directors  from  re-issuing  these  old  notes  ?  There  is  no  man  on 
this  floor  bold  enough  to  advance  such  a  doctrine.  This  point 
being  conceded,  the  power  to  pass  the  present  bill  follows  as  a 
necessary  consequence. 

"  If  the  president  and  directors  of  the  old  bank  could  not 
evade  our  authority,  the  next  question  is,  whether  by  assigning 
the  property  of  the  corporation  to  a  trustee  the  day  before 
the  charter  expired,  and  delivering  up  to  him  the  old  notes 
which  ought  to  have  been  cancelled,  they  were  able  to  cut  this 
trustee  "loose  from  the  obligations  which  had  been  imposed 
upon  them  by  the  charter,  and  from  the  authority  of  Congress. 
Vain  and  impotent  indocd  would  this  government  be,  if  its 
authority  could  be  set  at  naught  by  such  a  shallow  contrivance. 
No,  sir  ;  the  fountain  cannot  ascend  beyond  its  source.  The 
assignee  in  such  a  case  is  not  released  from  any  obligation 
which  the  assignor  assumed  by  accepting  the  original  charter. 
In  regard  to  Congress,  the  trustee  stands  in  the  same  situation 
with  the  president  and  directors  of  the  old  bank.  We  have 


SPEECH   ON    RESURRECTION   NOTES.  257 

the  same  power  to  compel  him  to  wind  up  the  concerns  of  the 
bank  according  to  the  charter,  that  we  might  have  exercised 
against  those  from  whom  he  accepted  the  assignment.  The 
question  is  too  plain  for  argument." 

Mr.  Buchanan  at  this  point  in  his  speech  went  into  a  very 
able  argument  to  show  the  causes  of  the  suspension  of  specie 
payments  by  the  banks  of  the  country.  He  also  noticed  the 
charge  that  had  been  made  that  the  democratic  party  were  op 
posed  to  all  banks,  and  in  favor  of  a  pure  metallic  currency. 
He  denied  this,  and  again  stated  that  all  they  wanted  was  to 
separate  the  business  of  the  government  from  that  of  the  banks, 
not  to  render  them  hostile  to  each  other.  "  Until  that  propi 
tious  day  shall  arrive,"  said  Mr.  Buchanan,  "we  shall  be  for 
ever  agitated  by  the  connection  of  the  currency  with  our  mis 
erable  party  politics.  Political  panics,  political  pressures, 
charges  against  the  government  for  exercising  an  improper  in 
fluence  over  the  banks,  and  charges  against  the  banks  for  inter 
fering  in  the  politics  of  the  country;  all,  all  which  have  kept  us 
in  a  state  of  constant  agitation  for  the  last  seven  years,  will 
continue  to  exist,  and  will  be  brought  into  action  upon  every 
successive  election  of  President  and  Vice-President."  In  con 
cluding  this  truly  great  speech,  Mr.  Buchanan  said — 

"  In  conclusion,  permit  me  to  remark,  that  the  people  of  tjie 
United  States  have  abundant  cause  for  the  deepest  gratitude 
towards  that  great  and  glorious  man  now  in  retirement,  for 
preventing  the  re-charter  of  the  Bank  of  the  United  States. 
He  is  emphatically  the  man  of  the  age,  and  has  left  a  deeper 
and  more  enduring  impress  upon  it  than  any  individual  of  our 
country.  Still,  in  regard  to  the  bank,  he  performed  but  half 
his  work.  For  its  completion  we  are  indebted  to  the  president 
of  the  bank.  Had  the  bank  confined  itself,  after  it  had  accept 
ed  the  charter  from  Pennsylvania,  to  its  mere  banking  and 
financial  operations — had  it  exerted  its  power  to  regulate  the 


258  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

domestic  exchanges  of  the  country — and  above  all,  had  it  taken 
the  lead  in  the  resumption  of  specie  payments,  a  new  bank, 
Phoenix-like,  might  have  arisen  from  the  ashes  of  the  old.  That 
danger,  from  present  appearances,  has  now  passed  away.  The 
open  defiance  of  Congress  by  the  bank,  the  laws  of  the  country 
over  and  over  again  violated — its  repeated  atttempts  to  inter 
fere  in  the  party  politics  of  the  day — all,  all  have  taught  the 
danger  of  such  a  vast  moneyed  corporation.  Mr.  Biddle 
has  finished  the  work  which  General  Jackson  only  commenced. 

"  Not  one  particle  of  personal  hostility  towards  that  gentle 
man  has  been  mingled  in  my  discussion  of  the  question.  On 
the  -contrary,  as  a  private  gentleman,  I  respect  him  ,  and  my 
personal  intercourse  with  him,  though  not  frequent,  has  been  of 
the  most  agreeable  character.  I  am  always  ready  to  do  justice 
to  his  great  and  varied  talents.  I  have  spoken  of  the  public 
conduct  of  the  bank  over  which  he  presides,  with  the  freedom 
and  boldness  which  I  shall  always  exercise  in  the  performance 
of  my  public  duties.  It  is  the  president  of  the  bank,  not  the 
man,  that  I  have  assailed.  It  is  the  nature  of  the  institution, 
over  which  he  presides,  that  has  made  him  what  he  is. 
Like  all  other  men,  he  must  yield  to  his  destiny.  The  pos 
session  of  such  vast  and  unlimited  power,  continued  for  a  long 
period  of  years,  would  have  turned  the  head  of  almost  any  other 
man,  and  have  driven  him  to  as  great  excesses. 

"In  vain  you  may  talk  to  me  about  paper  restrictions  in  the 
charter  of  a  bank  of  sufficient  magnitude  to  be  able  to  crush 
the  other  banks  of  the  country.  When  did  a  vast  moneyed 
monopoly  ever  regard  the  law,  if  any  great  interest  of  its  own 
stood  in  the  way  ?  It  will  then  violate  its  charter,  and  its  own 
power  will  secure  it  immunity.  It  well  knows  that  in  its  destruc 
tion  the  ruin  of  hundreds  of  thousands  would  be  involved,  and 
therefore  it  can  do  almost  what  it  pleases.  The  history  of  the 
bank  for  several  years  past  has  been  one  continued  history  of 
violated  laws,  and  of  attempts  to  interfere  in  the  politics  of  the 
countr".  Create  another  bank,  and  place  any  other  man  at  its 


ON   KESUKKECTION   NOTES.  259 

h^.^  tn«Si  »-fce  rsndi  will  be  the  same.  Such  an  institution 
will  wlwayrv  hereafter  prove  too  strong  for  the  government  ; 
because  we  cannot  a^aia  expect  to  see,  at  least  in  our  day, 
another  Andrew  Jackson  in  the  presidential  chair.  On  the 
other  hand,  should  such  w  bank,  wielding  the  moneyed  power 
of  the  country,  form  an  ailiauce  with  the  political  power,  and 
that  is  the  natural  position  of  I5ie  parties,  their  combined  influ 
ence  will  govern  the  Union,  and  liberty  might  become  an  empty 
name." 


This  speech  of  Mr.  Buchanan  wfes  probably  one  of  the  most 
effective  he  ever  delivered.  It  hit  a  deadly  blow  at  Mr.  Clay's 
favorite  scheme  of  a  new  national  bunk  ;  and  scarcely  had  Mr. 
Buchanan  taken  his  seat  before  Mr.  C.  sprung  to  his  feet,  and 
replied  in  one  of  his  most  happy  impromptu  efforts.  After  Mr. 
Clay  had  concluded,  Mr.  Buchanan  immediately  returned  the 
compliment  in  a  good-natured,  graceful  rejoinder,  and  said  "he 
had  never  enjoyed  many  triumphs,  and  therefore  he  prized  the 
more  the  one  he  had  won  this  day.  He  had  forced  the  honor 
able  senator  from  Kentucky  (Mr.  Clay)  to  break  that  deter 
mined  silence  that  had  hitherto  sealed  his  lips  on  the  subject 
of  this  bill.  Thus,"  said  Mr.  B.,  "I  have  adorned  my  brow 
with  a  solitary  sprig  of  laurel.  Not  one  word  was  he  to  utter 
upon  the  present  occasion.  This  he  had  announced  publicly. 
(Mr.  Clay  dissented.)  I  thought,"  resumed  Mr.  B.,  "that  he 
had  announced  the  other  day  his  determination  not  to  debate 
the  question,  and  stated  the  reason  therefor.  (Mr.  Clay 
explained.)  Well,"  said  Mr.  Buchanan,  "  the  senator  did 
intend  to  address  the  Senate  on  the  subject,  and  the  only  sprig 
of  laurel  which  I  ever  expected  to  win  from  him  has  already 
withered.  Immediately  after  I  had  taken  my  seat  he  sprung 
to  his  feet,  and  has  made  one  of  his  best  speeches,  for  it 
belongs  to  the  character  of  his  mind  to  make  his  ablest  efforts 
with  the  least  preparation.  I  will  venture  to  say  that  he  had 
not  intended  to  make  the  speech  when  he  entered  the  Senate 


260  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

chamber  this  morning.  (Mr.  Clay  admitted  this  to  be  the 
fact.)  Then,"  said  Mr.  Buchanan,  "  I  have  succeeded,  and  my 
sprig  of  laurel  is  again  green."  Mr.  Buchanan  continued  at 
some  length  in  reply  to  Mr.  Clay,  defending  the  bill  under  con 
sideration,  and  predicting  that  the  embarrassment  in  financial 
affairs  under  which  they  were  then  laboring  would  soon  be  dis 
pelled.  "  Even  at  the  risk  of  being  called  a  false  prophet,"  said 
Mr.  B.,  "  I  can  prophesy  nothing  but  good." 

The  Independent  Treasury  Bill  came  before  Congress  at  this 
session,  and  to  Mr.  Buchanan  is  the  country  indebted  for  the 
idea  upon  which  our  present  admirable  system  of  disbursing 
the  revenue  is  founded.  He  was  earnestly  desirous  of  com 
pleting  the  separation  of  the  banks  from  the  government,  and 
although  he  had  been  defeated  at  the  extra  session  upon  the 
Sub-treasury  Bill,  yet  he  felt  it  the  duty  of  Congress  to  devise 
some  plan  to  meet  the  proposed  requirements.  Some  friends 
of  the  administration  began  to  falter,  and  to  fear  they  were 
carrying  things  too  far.  Not  so  Mr.  Buchanan.  With  a 
clear  conception  of  the  application  of  democratic  truth  to  this 
question,  he  determined  never  to  cease  until  the  measure  was 
accomplished.  He  was  destined,  however,  to  be  defeated  at 
this  session,  though  eventually  he  had  the  satisfaction  to  see 
the  principle  he  advocated  triumphant ;  and  it  now  stands  the 
law  of  the  land,  with  not  a  person  who  dares  to  raise  his  voice 
for  its  repeal.  Such  is  one  of  the  beneficent  conquests  that 
the  democratic  party  has  achieved.  Mr.  Buchanan  declared 
that  the  adoption  of  the  measure  would  bring  quiet  and  har 
mony  to  the  country  upon  the  question  of  the  currency.  And 
who  shall  say  that  he  was  mistaken  ?  Has  not  experience,  the 
only  true  test  of  all  principles,  proved  the  accuracy  of  his  pre 
diction,  and  thus  placed  upon  the  brow  of  James  Buchanan 
the  civic  wreath  of  that  far-seeing  and  profound  statesmanship, 
which  comprehends,  as  if  by  unerring  intuition,  the  wants  of  his 
country  and  the  interests  of  the  people  ? 


INTERFERENCE   OF  FEDERAL    OFFICERS    IN   ELECTIONS.    261 


CHAPTEE    5V. 

Twenty-fifth  Congress — The  Last  Session — Interference  of  Federal  Officers  in  Elections 
— Mr.  Buchanan's  Speech. 

THE  third,  or  second  regular  session  of  the  Twenty-fifth 
Congress  commenced  on  the  3d  of  December,  1838.  A  num 
ber  of  important  matters  were  discussed,  among  which  were 
the  graduation  of  the  prices  of  the  public  lands,  our  civil  and 
diplomatic  policy,  the  Maine  Boundary  question,  and  the  inter 
ference  of  federal  officers  in  elections,  in  all  of  which  Mr. 
Buchanan  took  an  active  and  leading  part.  His  great  speech 
of  this  session  was  upon  the  latter  bill.  Probably  there  never 
was  an  act  introduced  into  Congress  which  contained  so  much 
of  the  spirit  of  ancient  federalism  as  this  measure  to  prevent, 
as  it  was  termed,  the  interference  of  the  federal  officers  in 
elections.  Mr.  Buchanan  met  it  with  his  most  indignant  con 
demnation.  He  had  never  favored  a  single  measure  for  the 
oppression  of  any  class  or  portion  of  the  people,  neither  did  he 
believe  that  because  a  man  accepted  a  trifling  office  from  the 
government,  he  should, 'on  that  account,  be  deprived  of  the 
freedom  of  speech,  which  belongs  as  an  inalienable  right  to 
every  American  citizen.  It  seems  strange  that  such  a  measure, 
one  that  embraced  all  the  odious  features  of  the  old  sedition 
law,  could  have  been  proposed  in  the  Senate  of  the  United 
States  only  fifteen  years  ago,  and  advocated  by  leading  senat 
ors.  Yet  such  is  the  fact.  Mr.  Buchanan  made  in  opposition 
to  it  one  of  the  best  speeches  of  his  life.  He  showed  in  this 
effort  the  same  instinctive  regard  for  equal  rights,  which  has 


262  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

been  the  distinguishing  feature  of  his  whole  political  career. 
We  make  copious  extracts  from  this  eloquent  and  triumphant 
vindication  of  the  right  of  each  and  every  citizen  to  express  hia 
opinions  in  regard  to  the  affairs  of  the  government  to  which  ho 
owes  allegiance.  The  following  extract  gives  the  opening 
portion  : 

"  MR.  PRESIDENT  :  The  question  raised  for  discussion  by  the 
bill  now  before  the  Senate,  is  very  simple  in  its  character.  This 
bill  proposes  to  punish,  by  a  fine  of  five  hundred  dollars — the 
one  moiety  payable  to  the  informer,  and  the  other  to  the  United 
States — and  by  a  perpetual  disability  to  hold  office  under  the 
United  States,  any  officer  of  this  government  below  the  rank 
of  a  district  attorney,  who  '  shall  by  word,  message,  or  writ 
ing,  or  in  any  other  manner  whatsoever,  endeavor  to  persuade 
any  elector  to  give,  or  dissuade  any  elector  from  giving,  his 
vote  for  the  choice  of  any  person  to  be  elector  of  President 
and.Vice-President  of  the  United  States,  or  to  be  a  senator 
or  representative  in  Congress,  or  to  be  a  governor  or  lieutenant- 
governor,  or  senator  or  representative  within  any  State  of  the 
Union,  or  for  the  choice  of  any  person  to  serve  in  any  public 
office  established  by  the  law  of  any  of  the  States/  The  officers 
of  the  United  States  against  whom  the  penalties  of  this  bill  are 
denounced,  consist  of  marshals  and  their  deputies,  postmasters 
and  their  deputies,  receivers  and  registers  of  land  offices  and 
their  deputies  and  clerks,  surveyors  general  of  the  public  lands 
and  their  deputies  and  assistants,  collectors,  surveyors,  naval 
officers,  weighers,  gaugers,  appraisers,  or  other  officers  or  per 
sons  concerned  or  employed  in  the  charging,  collecting,  levying, 
or  managing  the  customs  or  any  branch  thereof  ;  and  engineers, 
officers,  or  agents,  employed  or  concerned  in  the  execution  or 
superintendence  of  any  of  the  public  works. 

"  The  senator  from  Kentucky  (Mr.  Crittenden)  before  he 
commenced  his  remarks,  moved  to  amend  the  bill  by  striking 
from  it  the  pecuniary  penalty  and  perpetual  disability  against 


INTERFERENCE  OF   FEDERAL   OFFICERS    IN   ELECTIONS.    263 

these  officers,  and  substituting  in  their  stead,  the  penalty  of  a 
removal  from  office  by  the  President,  upon  the  production  of 
evidence  satisfactory  to  him  that  any  of  them  had  been  guilty 
of  the  offence. 

"Now,  for  myself  (said  Mr.  B.),  I  shall  not  vote  for  this 
amendment.  I  will  not  take  advantage  of  the  amiable  weak 
ness  of  my  friend  from  Kentucky,  in  yielding  to  the  solicitation 
of  others  that  which  his  own  judgment  approved.  I  will  more 
especially  not  give  such  a  vote  because  the  proposed  amend 
ment  makes  no  change  in  the  principle  of  the  bill.  There  is  a 
beautiful  harmony  and  consistency  in  its  provisions  as  it  came 
fresh  from  its  author  which  ought  to  be  preserved.  I  shall  not 
assist  in  marrying  any  of  its  fair  proportions.  Let  it  remain 
in  its  perfect  original  form,  and  let  his  friends  upon  this  floor 
come  up  to  the  baptismal  font  and  act  as  its  sponsors,  and  let 
its  avowed  principles  be  recognized  as  the  established  doctrines 
of  the  political  church  to  which  they  are  all  devoted.  No  sir, 
no  ;  if  a  village  postmaster  should  dare  to  exercise  the  freedom 
of  speech,  guaranteed  to  him  by  an  antiquated  instrument,  called 
the  Constitution  of  the  United  States,  and  have  the  audacity 
1  to  endeavor  to  persuade  any  elector '  to  vote  for  Martin  Van 
Buren,  or  what  would  be  a  much  more  aggravated  offence,  dis 
suade  any  good  whig  from  voting  for  the  other  distinguished 
senator  from  Kentucky  (Mr.  Clay),  a  mere  forfeiture  of  his 
office  would  bear  no  just  proportion  to  the  enormity  of  the 
crime.  Let  such  a  daring  criminal  be  fined  five  hundred  dollars; 
let  him  be  disqualified  forever  from  holding  any  office  under 
the  government ;  and  let  him  be  pointed  at  as  a  man  of  blasted 
reputation  all  the  days  of  his  life.  With  honest  Dogberry  in 
the  play  of  '  Much  ado  about  Nothing/  I  pronounce  the  offence 
to  be  '  flat  burglary  as  ever  was  committed." 

"  There  is  another  reason  why  I  shall  vote  against  the 
amendment.  An  issue  has  been  fairly  made  between  the  sena 
tor  from  Kentucky  and  my  friend  from  New  Jersey  (Mr.  Wall), 
who,  from  what  we  have  heard  in  the  course  of  this  debate, 


264:  LIFE   AND   SERVICES    OF   JAMES    BUCHANAN. 

has  but  a  few  shattered  planks  left  on  which  he  can  escape 
from  a  total  shipwreck  of  his  fair  fame.  In  mercy  to  him  I 
would  not  remove  any  of  them.  Let  him  have  a  chance  for  his 
life.  He  has  dared  to  make  a  report  against  the  bill  in  its 
original  form,  as  it  was  referred  to  the  committee  of  which  he 
is  the  chairman,  and  for  this  cause  has  encountered  all  the 
withering  denunciations  of  the  senators  from  Kentucky  and 
"Virginia  (Messrs.  Orittenden  and  Rives).  In  justice  to  him, 
the  aspect  of  the  question  should  not  now  be  changed.  Let  us, 
then,  have  the  bill,  the  whole  bill,  and  nothing  but  the  bill, 
against  which  his  report  is  directed. 

"It  would  seem  almost  unnecessary  to  discuss  the  question, 
whether  this  bill  be  constitutional  or  not,  as  the  senator  from 
Kentucky,  throughout  the  whole  course  of  his  argument,  never 
once  attempted  to  point  to  any  clause  of  the  Constitution  on 
which  it  could  be  supported.  It  is  true  that  he  did  cite  some 
precedents  in  our  legislation,  which  he  supposes  to  have  a  bear 
ing  on  the  subject,  but  which  I  shall  undertake  to  prove,  here 
after,  are  wholly  inapplicable.  The  senator  from  Virginia  (Mr. 
Rives),  has  gone  further  into  the  argument,  and  has  attempted 
to  prove  that  this  bill  is  constitutional.  At  the  proper  time,  I 
shall  endeavor  to  furnish  a  proper  answer  to  his  remarks.  By- 
the-bye,  this  Constitution  is  a  terrible  bugbear.  Whilst  a 
member  of  the  other  house,  I  once  heard  an  old  gentleman  ex 
claim,  when  it  was  cited  against  one  of  his  favorite  measures, 
"  what  a  vast  deal  of  good  it  prevents  us  from  doing  1"  After 
this  bill  shall  have  passed,  it  will  be  a  bugbear  no  longer,  so 
far  as  the  freedom  of  speech  or  the  press  is  concerned.  It  will 
not,  then,  alarm  even  political  children. 

"  The  gentlemen  have  a  precedent  for  their  bill.  Yes,  sir, 
they  have  a  precedent  in  the  sedition  law,  but  it  does  not  go  far 
enough  for  their  purpose.  That  law,  which  is  the  only  true 
precedent  on  which  this  bill  can  be  founded,  and  on  which 
alone  it  can  be  sustained,  permitted  every  man  to  write  and  to 
publish  what  he  pleases  concerning  public  men  and  public 


INTERFERENCE   OF  FEDERAL    OFFICERS    IN    ELECTIONS.    265 

measures,  and  only  held  him  responsible  in  case  his  charges 
should  prove  to  be  false.  But  this  bill  is  a  gag-law.  It  goes 
to  the  fountain.  It  prohibits  the  officer  not  only  from  writing, 
but  from  speaking  anything  good,  bad,  or  indifferent,  whether 
true  or  false,  on  any  subject  whatever,  which  may  affect  any 
pending  election  from  that  of  a  President  down  to  a  constable. 
It  has  a  much  broader  sweep  than  the  sedition  law,  which  did 
not  interfere  with  the  liberty  of  speech,  however,  much  it  may 
have  abridged  the  freedom  of  the  press.  Indeed,  among  the 
more  enlightened  despotisms  of  Europe,  I  know  not  one  which 
prohibits  the  freedom  of  speech  on  all  public  subjects  ;  it  is 
only  in  free  and  enlightened  America  that  we  propose  actually 
to  insert  the  gag.  The  sedition  law  was  bad  enough,  God  knows, 
but  it  extended  only  to  the  use  of  the  pen,  not  to  that  of  the 
tongue.  There  is,  therefore,  no  parallel  between  the  two  cases. 
"  Had  it  not  been  for  the  existence  of  the  sedition  law,  I 
should  have  supposed  it  to  be  impossible  that  there  could  have 
been  two  opinions  in  regard  to  the  utter  unconstitutionality  of 
this  bill.  The  Constitution,  in  language  so  plain  as  to  leave  no 
room  for  misconstruction,  declares,  that  '  Congress  shall  make 
no  law  abridging  the  freedom  of  speech,  or  of  the  press.'  The 
rule  is  universal.  There  is  no  exception.  The  bill  proposes 
not  only  to  abridge,  but  utterly  to  destroy,  the  freedom  of 
speech  and  of  the  press  ;  to  interdict. their  use  altogether  to  the 
enumerated  officers  on  all  questions  touching  the  election  of 
any  officer  of  the  Federal  or  State  government.  A  plain  man 
would  naturally  suppose  that,  barely  to  state  the  contradiction 
between  the  Constitution  and  this  bill  was  to  decide  the  ques 
tion.  Not  so  ;  an  ingenious  and  astute  lawyer,  in  favor  of  a 
liberal  construction  of  that  instrument,  can,  by  inference  and 
ingenuity,  confer  powers  upon  Congress  in  direct  violation  both 
of  its  letter  and  its  spirit,  and  of  which  its  framers  never  once 
dreamed.  Such  was  the  power  to  pass  the  sedition  law.  That 
law  engrafted  one  limitation  upon  the  freedom  of  the  press.  It 
in  effect,  changed  the  meaning  of  the  general  terms,  '  Congress 

12 


266  LIFE   AND   SERVICES    OF   JAMES    BUCHANAN. 

shall  make  no  law  abridging  the  freedom  of  speech  or  of  the 
press,'  and  excepted  from  their  operation  any  law  which  might 
be  passed  to  punish  libels  against  the  President,  the  govern 
ment,  or  either  house  of  Congress.  The  present  bill,  in  prin 
ciple  at  least,  proceeds  much  farther.  It  excepts  from  the 
general  prohibition  of  the  Constitution  the  power  of  punishing 
all  persons  holding  offices  under  the  government  of  the  United 
States,  who  shall  dare  either  to  speak  or  to  write  at  all  on 
questions  which  may  affect  the  result  of  any  election.  This 
interpolation  must  be  inserted,  before  gentlemen  can  show  any 
power  to  pass  the  present  bill.  They  cannot  advance  one  step 
in  their  argument  without  it.  This  Constitution  can  never  be 
construed  according  to  the  meaning  of  its  framers,  but  by  men 
of  plain,  well  informed,  and  practical  \ judgment.  Common 
sense  is  its  best  expounder.  Ingenious  men,  disposed  to  raise 
one  implication  upon  another  in  favor  of  federal  power,  and  to 
make  each  previous  precedent  a  foundation  on  which  to  proceed 
another  step  in  the  march  towards  consolidation,  may  soon 
make  it  mean  anything  or  nothing.  The  liberties  of  this  country 
can  only  be  preserved  by  a  strict  construction  of  the  enumerated 
powers  granted  by  the  States  to  Congress. 

"  Before  I  proceed  further  in  my  argument  against  the  con 
stitutionality  of  this  bill,  it  will  be  proper  that  I  should  develop 
some  of  its  latent  beauties.  I  desire  to  delineate  a  little  more 
precisely  its  character — to  present  some  of  its  striking  features, 
and  to  show  what  it  is  in  principle,  and  what  it  will  prove  to 
be  in  practice. 

"  There  are  twenty-six  sovereign  States  in  this  confederacy, 
united  by  a  federal  compact,  called  the  Constitution  of  the 
United  States.  Each  individual  elector  in  this  country  sustains 
two  distinct  characters.  He  is  a  citizen  of  some  one  of  the 
States,  and  he  is  also  a  citizen  of  the  United  States.  He  is 
bound  to  perform  the  duties  of  a  good  citizen  both  towards  his 
own  State  and  towards  the  United  States.  Now,  what  does 
this  bill  propose  ?  In  the  older  States  of  this  confederacy,  all 


INTERFERENCE   OF  FEDERAL   OFFICERS    IN   ELECTIONS.    267 

the  federal  officers  which  we  have  in  the  interior  are  postmas 
ters.  It  is  true  that  at  onr  ports  of  entry  there  are  custom 
house  officers,  but  in  Pennsylvania  for  example,  from  the 
Schuylkill  to  the  Ohio  and  to  Lake  Erie,  our  people  scarcely 
feel  their  connection  with  the  general  government  except 
through  the  medium  of  the  Post-office  Department.  These 
postmasters  are  very  numerous.  They  are  planted  in  every 
village  and  at  every  cross  road.  They  are  agents  for  dissemi 
nating  information  throughout  the  country.  I  might  probably 
say  that  in  nine  instances  out  of  ten  the  office  is  scarcely  worth 
holding,  on  account  of  its  pecuniary  emoluments.  In  most 
cases,  the  postmaster  accepts  it  for  the  accommodation  of  his 
neighbors.  Now  this  postmaster  is  generally  a  man  of  property 
and  of  character,  having  a  deep  stake  in  the  community,  and 
in  the  faithful  administration  and  execution  of  the  laws.  Two 
candidates  are  presented  to  the  people  for  office,  say  that  of  a 
justice  of  the  peace.  If  one  of  these  village  postmasters  should. 
in  the  exercise  of  his  unquestionable  rights  as  a  citizen  of  Penn 
sylvania,  advise  his  neighbor  to  vote  for  one  of  these  candidates, 
and  against  the  other,  this  bill  dooms  him  to  a  fine  of  five  hun 
dred  dollars,  and  to  a  perpetual  disqualification  from  ever 
holding  any  office  under  the  government  of  the  United  States. 
No  matter  whether  the  merits  which  he  may  have  ascribed  to 
one  of  the  candidates  be  true  as  holy  writ,  and  the  delinquencies 
which  he  may  have  charged  against  the  other  may  be  suscepti 
ble  of  the  clearest  proof,  this  will  not  arrest  the  vengeance  of 
the  bill.  He  is  doomed  to  remain  mute,  although  his  dearest 
interests  may- be  involved,  or  incur  its  penalties.  A  gag  is  to 
be  put  into  his  mouth,  and  he  is  to  be  punished  if  he  dare  to 
express  a  preference  for  one  candidate  over  the  other  ;  and  let 
me  tell  the  gentleman,  these  postmasters  hold  all  sorts  of  politi 
cal  opinions.  In  my  own  State  a  considerable  proportion  of 
their  numbers  are  whigs  and  anti-masons,  opposed  to  the  pre 
sent  administration.  I  might  cite  other  examples  to  depict  the 
enormity  of  this  bill,  but  I  consider  it  wholly  unnecessary.  I 


268  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

might  ascend  from  the  justice  of  the  peace  or  the  constable, 
through  all  the  gradations  of  elective  office,  State  and  Federal, 
to  the  President  of  the  United  States,  and  show  that  at  each 
ascending  grade,  the  violation  of  the  rights  of  the  citizen  be 
comes  more  and  more  outrageous.  I  might  enumerate  the 
weighers  and  the  gangers,  and  the  other  proscribed  classes  of 
inferior  office-holders,  and  paint  the  mad  and  wanton  injustice 
which  this  bill  would  inflict  upon  them.  But  enough." 

Mr.  Buchanan  here  went  on  to  show  that  any  man  who 
would  accept  office  upon  such  terms,  would  forfeit  all  self-respect, 
and  become  at  once  a  fit  tool  for  corruption  and  despotism. 
That  it  would  be  degrading  to  American  freemen,  and  a  degra 
dation  to  which  they  would  not  submit.  It  would  also,  he  said, 
raise  troops  of  informers  and  eavesdroppers  to  catch  every  in 
cautious  word  dropped'by  a  postmaster  or  other  official,  in  order 
to  find  grounds  for  his  punishment. 

"But,"  said  Mr.  Buchanan,  "there  is  another  remark  which 
I  desire  to  make  on  this  branch  of  the  subject.  Whenever  you 
attempt  to  violate  the  plain  letter  and  spirit  of  the  Constitu 
tion,  a  thousand  evils,  of  which  you  have  never  dreamed,  pre 
sent  themselves  in  the  perspective.  This  law  can  alone  'be 
executed  by  the  courts  of  the  United  States.  Where  are  they 
situated?  In  tha  large  States,  such  as  Pennsylvania  and  Vir 
ginia,  they  are  held  at  great  distances  from  each  other.  A 
postmaster  in  either  of  these  States,  the  income  of  whose  office 
does  not  exceed  fifty  dollars  per  annum,  may  be  dragged  from 
home,  a  distance  of  one  hundred  and  fifty  or  two  hundred 
miles,  to  stand  his  trial  under  this  bill,  before  a  federal  court. 
The  expense  would  be  enormous,  whilst  he  is  obliged  to  appear 
before  a  tribunal  far  from  the  place  where  his  character  and 
that  of  his  prosecutor  are  known  and  appreciated.  Under  such 
circumstances,  he  would  almost  be  certain  to  become  the  victim 
of  the  common  informer,  under  this  most  unjust  and  unconstitn- 


INTERFERENCE   OF  FEDERAL    OFFICERS   IN   ELECTIONS. 

tional  law.     He  would  either  be  convicted,  or  compelled  to  buy 
his  peace  at  almost  any  price. 

"  In  conferring  the  powers  enumerated  in  the  Constitution  on 
the  federal  government,  the  States  expressly  reserved  to 
themselves  respectively,  or  to  their  people,  all  the  powers  not 
delegated  by  it  to  the  United  States,  or  prohibited  by  it  to  the 
States.  Now,  I  would  ask  the  senator  from  Kentucky  when, 
or  where,  or  how  has  the  State  of  Pennsylvania  surrendered  to 
Congress  the  right  of  depriving  any  of  her  citizens  who  may 
accept  office  under  the  general  government,  of  the  freedom  of 
speech  or  of  the  press  ?  Where  is  it  declared  by  the  Consti 
tution,  either  in  express  terms,  or  from  what  clause  can  it  be 
fairly  inferred,  that  Congress  may  make  a  forfeiture  of  the  best 
of  all  political  rights,  an  indispensable  condition  of  office  ? 
Each  one  of  the  people  of  Pennsylvania,  under  her  constitution 
and  laws,  is  secured  in  the  inalienable  right  of  speaking  his 
thoughts.  The  State,  as  well  as  each  individual  citizen,  has 
the  deepest  interest  in  the  preservation  of  this  right.  I  ask  the 
gentleman  to  lay  his  finger  on  the  clause  of  the  Constitution  by 
which  it  has  been  surrendered.  Where  is  it  declared,  or  from 
what  can  it  be  inferred,  that  because  the  States  have  yielded  to 
the  federal  government  their  citizens  to  execute  public  trusts 
under  the  general  government,  that  therefore  they  have  yielded 
the  rights  of  those  citizens  to  express  their  opinions  freely  con 
cerning  public  men  and  public  measures  ?  The  proposition 
appears  to  me  to  be  full  of  absurdity.  In  regard  to  the  qualifi 
cations  of  electors,  the  States  have  granted  no  power  whatever 
to  the  United  States.  This  subject  they  have  expressly 
reserved  from  federal  control.  The  legislatures  of  the  States, 
and  they  alone,  under  the  Constitution,  possess  the  power"  of 
prescribing  the  qualifications  of  the  electors  of  members  of  the 
House  of  Representatives  in  Congress.  They  have  reserved  the 
same  power  themselves  in  regard  to  voters  for  the  choice  of 
electors  of  President  and  Vice-president.  What  then  does  thia 
bill  attemDt  ?  To  separate  two  things  which  reason  and  the 


270  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

Almighty  himself  have  united  beyond  all  power  of  separation. 
You  might  as  well  attempt,  by  arbitrary  laws,  to  separate 
human  life  from  the  power  of  breathing  the  vital  air,  as  to 
detach  the  elective  franchise  from  freedom  of  thought,  of 
speech,  and  of  the  press.  In  this  atmosphere  alone  can  it  live, 
and  move,  and  have  its  being.  To  speak  his  thoughts  is  every 
free  elector's  inalienable  right.  Freedom  of  speech  and  of  the 
press  are  both  the  sword  and  the  shield  of  our  republican  insti 
tutions.  To  declare  that  when  the  citizens  of  a  State  accept 
office  from  the  general  government,  they  thereby  forfeit  this 
right  to  express  an  opinion  in  relation  to  the  public  concerns  of 
their  own  State  and  of  the  nation,  is  palpable  tyranny,  In  the 
language  referred  to  in  the  report,  '  it  puts  bridles  into  their 
mouths  and  saddles  upon  their  backs/  and  degrades  them  from 
the  rank  of  a  reasoning  animal.  The  English  precedent  of  the 
senator  was  wiser,  much  wiser,  in  depriving  these  officers  of  the 
right  of  suffrage  altogether.  It  does  not  attempt  to  separate, 
by  the  power  of  man,  two  things  which  Heaven  itself  has  indis- 
solubly  united. 

"  If,  therefore,  the  Constitution  contained  no  express  pro- 
vision  whatever,  prohibiting  Congress  from  passing  any  law 
abridging  the  freedom  of  speech  or  of  the  press,  I  think  I  have 
shown  conclusively,  that  the  power  to  pass  this  bill  could  not 
be  inferred  from  any  of  the  express  grants  of  power.  But  the 
Constitution  is  not  silent  on  the  subject.  Before  its  adoption 
by  the  State,  it  was  dreaded  by  the  jealous  patriots  of  the  day, 
that  the  federal  government  might  usurp  the  liberties  of  the 
people  by  attacking  the  liberty  of  speech  and  of  the  press. 
They,  therefore,  insisted  upon  the  insertion  of  an  express  pro 
vision,  as  an  amendment,  which,  in  all  time  to  come,  would  pre 
vent  Congress  from  interfering  with  these  inestimable  rights. 
The  amendment  to  which  I  have  often  referred,  was  adopted, 
and  these  rights  were  expressly  excepted  from  the  powers  of 
the  federal  government ;  and  yet  in  the  very  face  of  this  ex 
press  negative  of  federal  power,  we  find  the  senator  from  Ken- 


INTERFERENCE   OF  FEDERAL   OFFICERS    IN   ELECTIONS.    271 

tucky  coming  forward  with  his  bill,  declaring  direct  war  against 
any  exercise  of  the  freedom  of  speech  and  of  the  press  by  those 
citizens  of  the  United  States  who  happen  to  be  office-holders 
under  the  general  government  But,  says  the  senator  from  Vir 
ginia,  Congress  possess  and  have  exercised  the  unquestionable 
power  of  creating  offices  under  the  Constitution,  and  they  may, 
therefore,  annex  to  'the  holding  of  these  offices  such  a  condition 
as  that  prescribed  by  the  bill,  or  rather  the  amendment  of  the 
senator  from  Kentucky.  Now,  sir,  what  is  this  but  to  say  that 
Congress  may  declare  that  any  citizen  of  Pennsylvania  who  ac 
cepts  a  federal  office,  shall  take  it  upon  condition  that  it  shall 
be  forfeited  the  moment  he  exercises  the  dearest  political  right 
guaranteed  to  him  and  every  other  citizen  by  the  Constitution 
of  the  United  States.  Can  Congress  impose  any  such  condition 
upon  an  office  ?  If  they  can,  they  can  repeal  the  most  solemn 
provision  of  the  Constitution,  and  render  it  a  dead  letter  in  re 
gard  to  every  person  in  the  employment  of  the  general  govern 
ment.  All  mankind  may  then  speak  and  publish  what  they 
please,  except  those  individuals  who  have  been  selected,  I  hope 
generally,  for  their  integrity  and  ability,  to  execute  the  impor 
tant  public  trusts  of  the  country. 

*  *  *  *  *     ,        *  * 

"  But  I  do  not  mean  even  to  rest  the  Constitutional  question 
here.  From  the  very  nature  of  the  Constitution  itself,  two 
great  political  parties  must  ever  exist  in  this  country.  You 
may  call  them  "by  what  names  you  will  ;  their  principles  must 
ever  continue  to  be  the  same.  The  one  dreading  federal 
power,  will  ever  be  friendly  to  a  strict  construction  of  tho 
powers  delegated  to  the  federal  government  and  to  State 
rights.  The  other,  equally  dreading  federal  weakness,  will  ever 
advocate  such  a  liberal  construction  of  the  Constitution  as  will 
confer  upon  the  general  government  as  much  power  as  possible, 
consistently  with  a  free  intepretation  of  the  terms  of  the  in 
strument.  The  one  party  is  alarmed  at  the  danger  of  consoli 
dation,  the  other  at  that  of  disunion.  In  the  days  of  the  elder 


272  LIFE   AND   SEK  VICES    OF   JAMES   BUCHANAN. 

Adams,  the  party  friendly  to  a  liberal  construction  of  the 
Constitution  got  into  power.  And  what  did  they  do  ? 
Among  other  things,  in  the  very  face  of  that  clause  of  the 
Constitution  which  prohibited  Congress  from  passing  any  law 
abridging  the  freedom  of  speech  or  of  the  press,  they  passed 
the  sedition  law.  What  were  its  provisions  ?  It  punished 
false,  scandalous,  and  malicious  libels  against  the  government 
of  the  United  States,  either  House  of  Congress  or  the  Presi 
dent,  by  a  fine  not  exceeding  two  thousand  dollars  and  imprison 
ment  not  exceeding  two  years, 

*  ****** 

"  The  Constitution  had  declared  that  '  Congress  shall  pass 
no  law  abridging  the  freedom  of  speech  or  of  the  press.'  Its 
framers  well  knew  that,  under  the  laws  of  each  of  the  States 
composing  this  Union,  libels  were  punishable.  They,  therefore, 
left  the  character  of  all  officers  created  under  the  Constitution 
and  laws  of  the- United  States  to  be  protected  by  the  laws  of 
the  several  States,  They  were  afraid  to  give  this  government 
any  authority  over  libels,  lest  the  colossal  power  might  be 
wielded  against  the  liberty  of  the  press.  Congress  were,  there 
fore,  prohibited  from  passing  any  law  upon  the  subject,  whether 
good  or  bad.  It  was  not  merely  because  the  law  was  unjust 
in  itself,  though  it  was  bad  enough,  Heaven  knows,  that  the 
indignant  republicans  of  that  day  rose  against  it,  but  it  was 
because  it  violated  the  Constitution.  It  expired  by  its  own 
limitation,  in  March,  1801,  but  not  until  it  had  utterly  prostra 
ted  the  political  party  which  gave  it  birth. 

******* 

"  The  federalists  of  that  day  honestly  believed  that  the  gov 
ernment  should  be  strengthened  at  the  centre,  and  that  the 
pulsations  of  the  heart  were  not  powerful  enough  to  extend 
a  wholesome  circulation  to  the  extremities.  They,  therefore, 
used  every  effort  to  enlarge  the  powers  of  the  federal  gov 
ernment  by  construction.  This  was  the  touchstone  which 
then  divided  parties,  and  which  will  continue  to  divide  them 


INTERFERENCE   OF  FEDERAL   OFFICERS    IN   ELECTIONS.    273 

until,  which  God  forbid,  the  government  itself  shall  cease  to 

exist. 

******* 

"  And  yet  this  bill  is  supported  by  my  friend  from  Virginia, 
who,  to  use  his  own  language,  '  has  been  imbued  with  the  prin 
ciples  of  democracy  and  a  regard  for  State  rights  from  his 
earliest  youth.7  If  such  a  charge  should  ever  be  made  against 
him  hereafter,  his  speech  and  his  vote  in  favor  of  this  bill  will 
acquit  him  before  any  court  in  Christendom  where  the  truth 
may  be  given  in  evidence.  I  yet  trust  he  may  never  vote  for 
its  passage. 

"  Every  measure  of  this  kind  betrays  a  want  of  confidence 
in  the  intelligence  and  patriotism  of  the  American  people.  It 
is  founded  on  a  distrust  of  their  judgment  and  integrity.  Do 
you  suppose  that  when  a  man  is  appointed  a  collector  or  a 
postmaster  he  acquires  any  more  influence  over  the  people  than 
he  had  before  ?  No,  sir  ;  on  the  contrary,  his  influence  is 
often  diminished  instead  of  being  increased.  The  people  of 
this  country  are  abundantly  capable  of  judging  whether  he  is 
most  influenced  by  love  of  country  or  love  of  office.  If  they 
should  determine  that  his  motives  are  purely  mercenary  for 
supporting  a  political  party,  this  will  destroy  his  influence.  If 
he  be  a  noisy,  violent,  and  meddling  politician,  he  will  do  the 
administration  under  which  he  has  been  appointed  much  more 
harm  than  good.  Let  me  assure  gentlemen  that  the  people 
are  able  to  take  care  of  themselves.  They  do  not  require  the 
interposition  of  Congress  to  prevent  them  from  being  deceived 
and  led  astray  by  the  influence  of  office-holders.  Whilst  this 
is  my  fixed  opinion,  I  think  the  number  of  federal  officers  ought 
to  be  strictly  limited  to  the  actual  necessities  of  the  govern 
ment.  Pursue  this  course,  and  my  life  for  it,  all  the  land  offi 
cers,  and  postmasters,  and  weighers  and  gaugers  which  you 
shall  spread  abroad  over  the  country,  can  never  influence  the 
people  to  betray  their  own  cause.  For  my  own  part,  I  enter- 

12* 


274:  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

tain  the  most  perfect  confidence  in  their  intelligence  as  well  as 
integrity. 

******* 

"  And  here  I  hope  the  senator  from  Kentucky  will  pardon  me 
for  suggesting  to  him  an  amendment  to  his  bill.  He  has,  I 
think,  made  one  or  two  mistakes  in  the  classification  of  his 
officers,  though,  in  general,  it  is  sufficiently  perfect.  The 
principle  would  seem  to  have  been  to  separate  what  may  be 
called  the  aristocracy  of  office-holders  from  the  plebeians.  Those 
of  the  elevated  class  are  still  permitted  to  enjoy  the  freedom  of 
speech  and  of  the  press,  whilst  the  hard  working  operatives 
among  them  are  denied  this  privilege.  The  heads  of  depart 
ments  and  bureaus,  the  officers  of  the  army  and  navy,  the  super 
intendents  and  officers  of  our  mints,  and  the  district  attorneys 
are  not  affected  by  the  bill.  These  gentlemen  are  privileged  by 
their  elevation.  They  are  too  high  to  be  reached  by  its  pro 
visions.  Who,  then,  ought  to  care  whether  weighers  and 
gangers,  and  village  postmasters,  and  hard-handed  draymen, 
and  such  inferior  people,  shall  be  permitted  to  express  their 
thoughts  on  public  affairs  ?  I  would  suggest,  however,  that  the 
collectors  of  our  principal  seaports,  the  marshals  of  our  extensive 
judicial  districts,  and  the  postmasters  in  our  principal  cities,  re 
ceive  compensation  sufficient  to  enable  them  to  figure  in  '  good 
society.7  They  ought  to  rank  with  the  district  attorneys,  and 
should  be  elevated  from  the  plebeian  to  the  patrician  rank  of 
office-holders.  They  ought  to  be  allowed  the  freedom  of  speech 
and  of  the  press.  As  to  the  subordinate  officers,  they  are  not 
worth  the  trouble  of  a  thought. 

"To  be  sure  there  is  one  palpable  absurdity  on  the  face  of 
the  bill.  Its  avowed  purpose  is  to  prevent  office-holders  from 
exercising  an  influence  in  elections.  Why,  then,  except  from  its 
operation  all  those  office-holders  who  from  their  station  in 
society  can  exercise  the  most  extensive  influence,  and  confine  its 
provisions  to  the  humbler,  but  not  less  meritorious  class,  whose 


INTERFERENCE   OF  FEDERAL    OFFICERS   IN    ELECTIONS.    275 

opinions  can  have  but  a  limited  influence  over  their  fellow  men  ? 
The  District  Attorney,  for  example,  is  excepted,  the  very  man 
of  all  others  who,  from  his  position  and  talents,  has  the  best  op 
portunity  of  exerting  an  extensive  influence.  He  may  ride  over 
his  district,  and  make  political  speeches  to  secure  the  election 
of  his  favorite  candidate.  He  is  too  high  a  mark  for  the  gen 
tleman's  bill.  But  if  the  subordinates  of  the  custom-house,  or 
the  petty  postmaster  at  the  cross-roads,  with  an  income  of  fifty 
dollars  per  annum,  shall  dare  even  in  private  conversation,  to 
persuade  an  elector  to  vote  for  or  against  any  candidate,  he  is 
to  be  punished  by  a  fine  of  five  hundred  dollars,  and  a  perpetual 
disability  to  hold  any  office  under  the  government.  Was  there 
ever  a  bill  more  unequal  or  more  unjust  ? 

"  Now,  sir,  I  might  here  with  great  propriety,  and  very  much 
to  the  relief  both  of  my  audience  and  myself,  leave  this  subject ; 
but  there  are  still  some  other  observations  which  I  conceive  it 
to  be  my  duty  to  add  to  what  I  have  already  said.  Most  of 
them  will  be  elicited  by  the  very  strong  remarks  of  my  friend 
from  Virginia.  For  I  trust  that  I  may  still  be  permitted  to 
call  him  by  that  name. 

"He  and  I  entered  the  House  of  Representatives  almost 
together.  I  believe  he  came  into  it  but  two  years  after  myself. 
We  soon  formed  a  mutual  friendship,  which  has  ever  since,  I 
may  say,  on  my  part,  with  great  sincerity,  continued  to  exist. 
We  fought  shoulder  to  shoulder,  and  his  great  powers  were 
united  with  my  feeble  efforts  in  prostrating  the  administration 
of  the  younger  Adams.  General  Jackson  came  into  power, 
and,  during  the  whole  period  of  that  administration,  he  was  the 
steady,  unwavering  supporter  of  all  its  leading  measures  except 
the  specie  circular  and  his  advocacy  of  the  currency  bill ;  and, 
on  that  bill,  I  stood  by  him,  in  opposition  to  the  administration. 
Whilst  this  man  of  destiny  was  in  power — this  man  of  the  lion 
heart,  whose  will  the  whigs  declared  was  law,  and  whose  roar 
ing  terrified  all  the  other  beasts  of  the  forest,  and  subdued  them 
into  silence — where  was  then  the  senator  from  Virginia  ?  He 


276  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

was  our  chosen  champion  in  the  fight.  Whilst  General  Jackson 
was  exerting  all  this  tremendous  influence,  and  .marshalling  all 
his  trained  bands  of  office-holders  to  do  his  bidding,  according 
to  the  language  of  the  opposition,  these  denunciations  had  no 
terrors  for  the  senator  from  Virginia.  Never  in  my  life  did  I 
perform  a  duty  of  friendship  with  greater  ardor  than  when,  on 
one  occasion,  I  came  to  his  rescue  from  an  unjust  attack  made 
against  him  by  the  Whigs,  in  relation  to  a  part  of  his  conduct 
whilst  minister  in  France.  -After  holding  out  so  long  together, 
ought  he  not  at  least  to  have  parted  from  us  in  peace,  and  bade 
us  a  kind  adieu  ?  In  abandoning  our  camp,  why  did  he  shoot 
Parthian  arrows  behind  him  ?  In  taking  leave  of  us,  I  hope 
not  forever,  is  it  not  too  hard  for  us  to  hear  ourselves  denounced 
by  the  gentleman  in  the  language  which  he  has  used  ?  He  is 
amazed  and  bewildered  with  the  scenes  passing  before  him. 
Whithar,  he  asks,  will  the  mad  dominion  of  party  carry  us  ? 
His  mind  is  filled  with  despondency  as  to  the  fate  of  his  country. 
Shall  we  emulate  the  servility  of  the  Senate  and  people  of  Rome  ? 
You  already  have  your  Praetorian  bands  in  this  city.  I  might 
quote  from  his  speech  other  phrases  of  a  similar  character,  but 
these  are  sufficient.  I  do  not  believe  that  any  of  these  expres 
sions  were  aimed  at  me  personally,  yet  they  strike  me  with  the 
mass  of  my  political  friends,  and  I  feel  bound  to  give  them  a 
passing  notice.  ***** 

Not  long  previous  to  the  time  of  the  delivery  of  this  speech, 
M.  de  Tocqueville  had  been  in  this  country,  and  had  published, 
on  his  return  to  Europe,  a  work  upon  "  Democracy  in  America," 
a  curious  compound  of  sagacity  and  obtuseness  of  a  great  mind, 
naturally  acute  and  expansive,  but  so  bound  up  in  the  habitudes 
of  European  ideas,  that  the  simple  truths  of  democracy  to  him 
were,  like  the  gospel  to  the  Greeks — foolishness.  This  work  of 
his  had  been  frequently  cited  in  the  course  of  debate,  and  Mr.. 
Buchanan  had  exposed  soj?£  of  his  errors.  In  referring  to  the 
subject,  he  said : 


INTERFERENCE   OF  FEDERAL   OFFICERS   IN   ELECTIONS.    277 

"  I  may  truly  say,  that  I  have  never  met  any  Frenchman  or 
Englishman  who  could  understand  the  complicated  relations  ex 
isting  between  our  Federal  and  State  governments,  in  this  re 
spect,  De  Tocqueville  has  not  succeeded  much  better  tnan  the 
rest.  I  am  disposed  to  quarrel  with  him  for  one  thing,  and 
that  is,  that  he  is  opposed  to  the  doctrines  of  the  Virginia  and 
Kentucky  resolutions.  He  is  one  of  those  old  federalists,  in 
the  true  acceptance  of  that  term,  who  believe  that  the  powers  of 
the  general  government  are  not  sufficiently  strong  to  protect  it 
from  the  encroachments  of  the  States.  Hence  one  great  object 
of  his  book  is  to  prove  that  this  government  is  becoming  weaker 
and  weaker,  whilst  that  of  the  States  is  growing  stronger  and 
stronger  ;  and  although  he  does  not  think  the  time  near,  yet 
the  final  catastrophe  must  be,  that  it  will  be  dissolved  by  its 
own  weakness,  and  the  people,  at  length  tired  of  the  perpetual 
struggles  of  liberty,  will  finally  seek  repose  in  the  arms  of  des 
potism.  This  result,  in  his  opinion,  is  not  to  be  brought  about 
by  the  strength,  but  by  the  weakness  of  the  federal  govern 
ment.  I  might  adduce  many  quotations  to  this  effect  from  his 
book,  but  I  shall  trouble  the  Senate  with  but  a  few.  He  says, 
in  summing  up  a  long  chapter  on  this  subject,  '  I  am  strangely 
mistaken  if  the  federal  government  of  the  United  States  be  not 
constantly  losing  strength,  retiring  gradually  from  public  affairs, 
and  narrowing  its  circle  of  action  more  and  more.  It  is  natu 
rally  feeble,  but  it  now  abandons  even  its  pretensions  to  strength. 
On  the  other  hand,  I  thought  I  remarked  a  more  lively  sense  of 
independence,  and  a  more  decided  attachment  to  provincial  gov 
ernment,  hi  the  States.  The  Union  is  to  subsist,  but  to  subsist 
as  a  shadow  ;  it  is  to  be  strong  in  certain  cases,  and  weak  in  all 
others  ;  in  time  of  warfare  it  is  to  be  able  to  concentrate  all  the 
forces  of  the  nation,  and  all  the  resources  of  the  country  in  its 
hands,  and  in  time  of  peace,  its  existence  is  to  be  scarcely  per 
ceptible, 'as  if  this  alternate  debility  and  vigor  were  natural  or 
possible.7 

" '  I  do  not  foresee  anything  for  the  present  which  may  be 


278  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

able  to  check  this  general  impulse  of  public  opinion;  the  causes 
in  which  it  originated  do  not  cease  to  operate  with  the  same 
effect.  The  change  will  therefore  go  on,  and  it  may  be  predic 
ted  that,  unless  some  extraordinary  event  occurs,  the  govern 
ment  of  the  Union  will  grow  weaker  and  weaker  every  day.' 

"  Again  :  '  So  far  is  the  federal  government  from  acquiring 
strength,  and  from  threatening  the  sovereignty  of  the  States  as 
it  grows  older,  that  I  maintain  it  to  be  growing  weaker  and 
weaker,  and  that  the  sovereignty  of  the  Union  alone  is  in  dan 
ger.'  And  again  :  '  It  may,  however,  be  foreseen,  even  now, 
that  when  the  Americans  lose  their  republican  institutions, 
they  will  speedily  arrive  at  a  despotic  government,  without  a 
long  interval  of  limited  monarchy.' 

"  Speaking  of  the  power  of  the  President,  he  says,  '  Hitherto, 
no  citizen  has  shown  any  disposition  to  expose  his  honor  or  his 
life,  in  order  to  become  the  President  of  the  United  States,  be 
cause  the  power  of  that  office  is  temporary,  limited,  and  subor 
dinate.  The  prize  of  fortune  must  be  great,  to  encourage 
adventurers  in  so  desperate  a  game.  No  candidate  has  as  yet 
been  able  to  arouse  the  dangerous  enthusiasm  or  the  passionate 
sympathies  of  the  people  in  his  favor,  for  the  very  simple  reason, 
that  when  he  is  at  the  head  of  the  government  he  has  but  little 
power,  but  little  wealth,  and  but  little  glory  to  share  amongst 
his  friends,  and  his  influence  in  the  State  is  too  small  for  the 
success  or  the  ruin  of  a  faction  to  depend  upon  the  elevation  of 
an  individual  to  power.' 

"  Now,  if  this  greater  than  Montesquieu,  is  to  be  believed, 
and  his  authority  is  to  be  relied  upon  by  the  senator  from  Vir 
ginia,  whence  his  terror  and  alarm  lest  the  power  of  the  Presi 
dent  might  be  strengthened  by  the  influence  of  the  lower  class 
of  federal  office-holders  at  the  elections  ?  Why  should  they  be 
deprived  of  the  freedom  of  speech  and  of  the  press,  upon  the 
principle  that  the  power  of  Mr.  Van  Buren  is  dangerous  to  the 
liberties  of  his  country  ?  The  gentleman's  lauded  authority  is 
entirely  against  his  own  position." 


INTERFERENCE    OF  FEDERAL   OFFICERS   IN    ELECTIONS.    279 

Mr.  Buchanan,  however,  went  on  to  explain  that  he  differed 
altogether  from  M.  de  Tocqueville,  and  apprehended  no  such 
weakness  as  he  pointed  out  ;  on  the  contrary,  he  believed  the 
executive  and  federal  government  would  always  be  strong 
enough  to  exercise  its  legitimate  powers.  It  will  be  seen  that 
what  De  Tocqueville  supposed  was  our  weakness,  is  actually  our 
strength.  To  be  "  strong  in  certain  cases,  and  weak  in  all 
others  "  was  just  the  idea  which  the  founders  of  our  system  of 
government  had  in  view.  To  be  strong  in  the  enforcement  of 
all  powers  delegated  to  it  by  the  States,  but  weak  in  all  things 
pertaining  to  State  rights,  is  just  the  point  and  pith  of  our 
federal  Constitution,  the  bulwark  of  our  Union,  and  the  sup 
port  of  all  our  most  cherished  institutions  ;  yet,  the  great  Euro 
pean  writer  on  democracy  could  not  understand  such  profound 
simplicity  1 

In  the  course  of  the  same  debate,  England  was  again,  as  it 
is  often  now,  held  up  as  a  model  for  America.  Mr.  Buchanan 
did  not,  however,  feel  disposed  to  go  to  such  a  source  for 
guidance.  In  reference  to  some  remarks  that  Mr.  Rives  of 
Virginia  had  made,  he  said  : 

"  I  agree  with  him,  that  we  are  indebted  for  several  of  our 
most  valuable  institutions  to  our  British  ancestors.  We  have 
derived  from  them  the  principles  of  liberty  established  and  con 
secrated  by  Magna-Charta,  the  trial  by  jury,  the  petition  of 
right,  the  habeas  corpus  act,  and  the  revolution  of  1688.  And 
yet,  notwithstanding  all  this,  I  should  be  very  unwilling  to 
make  the  British  government  a  model  for  our  legislation  in 
republican  America.  Look  at  its  effect  in  practice.  Is  it  a 
government  which  sheds  its  benign  influence,  like  the  dews  of 
heaven,  upon  all  its  subjects  ?  Or  is  it  not  a  government,  where 
the  rights  of  the  many  are  sacrificed  to  promote  the  interest  of 
the  few  ?  The  landed  aristocracy  have  controlled  the  election 
of  a  majority  of  the  members  of  the  House  of  Commons,  and 
they,  themselves,  compose  the  House  of  Lords.  The  mam 


280  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

scope  and  principal  object  of  their  legislation  was  to  promote 
the  great  landed  interest,  that  of  the  large  manufacturers,  and 
the  fund-holders  of  a  national  debt,  amounting  to  more  than 
seven  hundred  and  fifty  millions  sterling.  In  order  to  accom 
plish  these  purposes,  it  became  necessary  to  oppress  the  poor. 
Where  is  the  country  beneath  the  sun,  in  which  pauperism  pre 
vails  to  such  a  fearful  extent  ?  Is  it  not  known  to  the  whole 
world,  that  the  wages  both  of  agricultural  and  manufacturing 
labor  are  reduced  to  the  very  lowest  point  necessary  to  sustain 
human  existence  ?  Look  at  Ireland,  the  fairest  land  I  have 
ever  seen.  Her  laboring  population  is  confined  to  the  potatoe. 
Rarely,  indeed,  do  they  enjoy  either  the  wheat  or  the  beef  which 
their  country  produces  in  such  plentiful  abundance.  It  is  chiefly 
sent  abroad  for  foreign  consumption. 

"  The  people  of  England  are  now  struggling  to  make  their 
institutions  more  free,  and,  I  trust  in  God,  they  may  succeed  ; 
yet,  their  whole  system  is  artificial,  and  without  breaking  it 
down  altogether,  I  do  not  perceive  how  the  condition  of  the 
mass  of  the  people  can  be  much  ameliorated.  In  the  present 
state  of  the  world,  no  friend  of  the  human  race  ought,  probably, 
to  desire  its  immediate  destruction.  We  ought  to  regard 
it  rather  as  a  beacon  to  warn  us  than  as  a  model  for  our  imita- 
tiqn.  We  ought  never,  like  England,  to  raise  up  by  legislation 
any  great  interests  or  monopolies,  to  oppress  the  people,  which 
we  cannot  put  down  without  crushing  the  government  itself. 
Such  is  now  the  condition  of  that  country.  I  am  no  admirer 
of  the  British  Constitution,  either  in  church  or  state,  as  it  at 
present  exists.  I  desire  not  a  splendid  government  for  this 
country." 

In  concluding  his  speech,  Mr.  Buchanan  defined  his  last 
position  upon  the  bill.  He  said  : 

"  I  will  tell  the  senator  from  Kentucky  how  far  I  am  willing 
to  proceed  with  him  in  punishing  public  officers.  If  a  post- 


INTERFERENCE    OF  FEDERAL    OFFICERS    IN    ELECTIONS.    281 

master  will  abuse  his  franking  privilege,  as  I  know  to  my  sor 
row  has  been  done  in  some  instances,  by  converting  it  into  the 
means  of  flooding  the  surrounding  country  with  base  libels  in 
the  form  of  electioneering  pamphlets  and  handbills,  let  such  an 
officer  be  instantly  dismissed  and  punished.  If  any  district- 
attorney  should  either  favor  or  oppress  debtors  to  government, 
for  the  purpose  of  promoting  the  interest  of  his  party,  he  ought 
to  share  a  similar  fate.  So,  if  a  collector  will  grant  privileges 
in  the  execution  of  his  office  to  one  importer,  which  he  denies 
to  another,  in  order  to  subserve  the  views  of  his  party,  he 
ought  to  be  dismissed  from  office,  and  punished  for  his  offence. 
I  would  not  tolerate  any  such  official  misconduct.  But  whilst 
a  man  faithfully  and  impartially  discharges  all  the  duties  of  his 
office,  let  him  not  be  punished  for  expressing  his  opinion  in  re 
gard  to  the  merits  or  demerits  of  any  candidate.  Above  all, 
let  us  not  violate  the  Constitution,  in  order  to  punish  an 
officer. 

"  The  senator  from  Virginia  has  of  late  appealed  to  us 
often  to  arise  above  mere  party,  and  to  go  for  our  country. 
Such  appeals  are  not  calculated  to  produce  any  deep  impres 
sion  on  my  mind,  because,  in  supporting  my  party,  I  honestly 
believe  I  am  in  the  best  manner  promoting  the  interest  of  my 
country.  I  am,  but  I  trust  not  servilely,  a  party  man.  I  sup 
port  the  present  President,  not  because  I  think  him  the  wisest 
or  best  man  alive,  but  because  he  is  the  faithful  and  able  repre 
sentative  of  my  principles.  As  long  -as  he  shall  continue  to 
maintain  these  principles,  he  shall  receive  my  cordial  support, 
but  not  one  moment  longer.  I  do  not  oppose  my  friends  on 
this  side  of  the  house  because  I  entertain  unkind  feelings  to 
wards  them  personally.  On  the  contrary,  I  esteem  and  re 
spect  many  of  them  highly.  It  is  against  the  political  princi 
ples  of  which  they  are  the  exponents  that  I  make  war. 

"  I  support  the  President  because  he  is  in  favor  of  a  strict 
and  limited  construction  of  the  Constitution,  according  to  the 
true  spirit  of  the  Virginia  and  Kentucky  resolutions.  I  firmly 


282     «       LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

believe  that  if  the  government  is  to  remain  powerful  and  per 
manent,  it  can  only  be  by  never  assuming  doubtful  powers, 
which  must  necessarily  bring  it  into  collision  with  the  States. 
It  is  not  difficult  to  foresee  what  would  be  the  termination  of 
such  a  career  of  usurpation  of  the  rights  of  the  States. 

"  I  oppose  the  whig  party  because,  according  to  their  read 
ing  of  the  Constitution,  Congress  possess,  and  they  ought  to 
exercise,  powers  which  would  endanger  the  rights  of  the  States, 
and  the  liberties  of  the  people.  Such  a  free  construction  of 
the  Constitution  as  can  derive  from  the  simple  power  *  to  levy 
and  collect  taxes,'  that  of  creating  a  national  bank,  appears  to 
me  to  be  fraught  with  imminent  danger  to  the  country.  I  am 
opposed  to  the  party  so  liberal  in  their  construction  of  the  Con 
stitution,  as  to  infer  the  existence  of  a  power  in  the  federal 
government  to  create  and  circulate  a  paper  currency  for  the 
whole  Union,  from  the  clause  which  merely  authorizes  Congress 
1  to  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  "Indian  tribes.7  Such  construc 
tions  would  establish  precedents  which  might  call  into  existence 
other  alien  and  sedition  laws,  and  it  is  such  a  construction 
which  has  given  birth  to  the  bill  now  before  the  Senate,  deny 
ing  the  freedom  of  speech  and  of  the  press  to  a  respectable 
portion  of  our  citizens." 

This  speech  of  Mr.  Buchanan  effectually  settled  this  federal 
measure,  for  such  it  unquestionably  was,  though  advocated  by 
one  or  two  who  had  always  hitherto  been  true  to  democratic 
ideas.  It  shows  how  even  the  clearest  mind  may  sometimes 
get  befogged  upon  plain  democratic  doctrines.  Thus  it  has 
ever  been.  Many  noble  democratic  leaders  have  had  a  vivid 
conception  of  the  application  of  democratic  principles  to  some 
questions,  but  have  failed  to  see  it  in  regard  to  others.  Our 
own  day  exhibits  some  melancholy  examples  of  the  truth  of  this 
statement  ;  but  it  is  a  satisfaction  to  know,  that  if  a  few 
armor-bearers  have  fainted  and  fallen  by  the  way,  others  have 


CLOSE   OF   THE   SESSION.  283 

arisen  to  take  their  places,  and  above  all,  the  great  earnest 
heart  of  the  democratic  masses  has  remained  unperverted  and 
true. 

The  other  speeches  made  by  Mr.  Buchanan  at  this  session 
were  of  far  less  national  importance,  though  embracing  a  dis 
cussion  of  some  of  our  most  important  public  interests.  As 
the  foregoing  speech,  however,  was  made  upon  a  question  that 
involved  a  radical  departure  from  fundamental  law,  we  have 
thought  it  most  important  of  any,  for  it  shows  how  sternly  and 
resolutely  he  has  always  maintained  democratic  principles,  and 
how  senseless  are  the  accusations  of  his  enemies,  that  he  was 
ever  the  advocate  of  those  opprobrious  doctrines  which  have 
made  the  otherwise  respectable  name  of  federal,  a  term  of 
odium  and  reproach.  This  long  and  stormy  Congress  was 
brought  to  a  close  on  the  4th  of  March,  1839,  and  although  it 
had  not  completed  the  principal  measure  Mr.  Van  Buren  had 
in  view — the  independent  treasury  system,  yet  it  had  laid  the 
foundation  for  it,  and  paved  the  way  for  a  final  divorcement  of 
bank  and  State. 


284:  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 


CHAPTER  XVI. 

The    Twenty-sixth  Congress  —  The    Independent    Treasury — Mr.  Buchanan's    great 
Speech — His  reply  to  Hon.  John  Davis. 

THE  twenty-sixth  Congress,  the  last  under  Mr.  Van  Buren's 
administration,  commenced  its  first  session  on  the  2d  of  Decem 
ber,  1839.  It  was  a  protracted  and  important  session,  and  did 
not  close  its  labors  until  the  18th  of  July,  1840.  Early  in 
December,  Hon.  Silas  Wright  gave  notice  of  a  bill  "  to  more 
effectually  secure  the  public  money  in  the  hands  of  the  officer? 
and  agents  of  the  government,"  and  which  is  subsantially  the 
independent  treasury  system  now  in  existence.  This  was  a  call 
to  combat  between  the  forces  of  the  old  federal  bank  system,  and 
the  advocates  of  separating  the  government  from  all  connec 
tions  with  such  institutions.  Silas  Wright  was  the  recognized 
leader  of  the  measure  of  the  administration  on  the  floor  of  the 
Senate.  The  contest  was  a  most  desperate  one.  It  was  the 
expiring  effort  of  a  giant  monster — the  death  struggle  of  the 
alliance  between  the  government  and  the  banks.  At  this  day 
it  is  perfectly  astonishing  to  read  the  disasters  predicted  from 
the  passage  of  this  measure,  even  by  men  who  have  great  repu 
tations  as  shrewd  statesmen.  The  country  at  the  time  was,  no 
doubt,  in  a  most  unfortunate  financial  condition,  the  effects  of 
a  period  of  paper  currency  expansion  never  before  equalled  in 
the  hihtory  of  our  country.  The  measure  advocated  by  the  demo 
cratic  party  was  just  the  one  to  prevent  the  recurrence  of  such 
a  catastrophe  ;  yet  the  bill  was  fought  against  by  its  enemies 
with  a  resistance  that  can  scarcely  be  imagined.  Even  after  it 


THE  INDEPENDENT  TREASURY.          285 

had  passed,  and  nothing  remained  but  the  form  of  agreeing  to 
its  title,  its  opponents  pursued  the  beneficent  act  as  if  it  were  a 
malignant  virus  which,  after  it  had  entered  the  public  system, 
could  produce  only  disease  and  death.  A  member  of  the  House 
from  Pennsylvania  proposed  to  entitle  the  bill  an  act  "  to 
reduce  the  value  of  property,  the  products  of  the  farmer,  and 
the  wages  of  labor  ;  to  destroy  the  indebted  portions  of  the 
community,  and  to  place  the  treasury  of  the  nation  in  the  hands 
of  the  President."  Mr.  Clay  declared  that  "  the  certain  tendency 
of  the  measure  would  be  to  reduce  prices  ;"  and  all  pictured 
only  ruin,  devastation  and  destruction  to  every  business  and 
occupation  i'l  society.  Undaunted,  however,  amid  the  storm 
that  surrounded  them,  that  important  bill  was  sustained  by  the 
democratic  members,  and  finally  passed  the  Senate  by  a  vote 
of  24  to  18,  and  the  House  by  a  majority  of  124  to  107.  The  final 
result,  however,  was  not  reached  until  the  30th  of  June,  when 
the  presidential  election  of  1840  began  to  assume  the  enthusi 
astic  spirit,  which  finally  turned  a  victory  into  a  rout. 

Mr.  Buchanan's  great  speech  upon  the  Independent  Treasury 
Bill  wa£  delivered  in  reply  to  Mr.  Clay,  on  the  22d  of  January, 
'1840.  Like  all  of  his  efforts,  it  was  able,  dignified,  and  pro 
found.  It  contains,  without  doubt,  the  best  synopsis  of  the 
science  of  political  economy,  the  relation  between  capital  and 
labor,  that  has  ever  been  presented  by  any  American  states 
man.  Most  assuredly  it  has  never  been  surpassed,  and  we 
believe  not  equalled. .  Mr.  Buchanan,  at  the  time  of  the  delivery 
of  this  speech,  had  been  familiar  with  the  policy  of  our  gov 
ernment  for  twenty  years  ;  he  had  passed  through  financial 
revulsions  before  ;  he  had  studied  the  effect  of  extravagant 
bank  expansions,  and  could  place  his  finger  upon  the  errors  of 
the  past,  and,  like  a  skillful  macfaer,  direct  how  to  avoid  the_ 
shoals  and  quicksands  •  that  might  lie  in  the  future.  What 
makes  his  views  of  more  importance,  is  the  fact  that  time  has 
proved  their  accuracy.  The  speech,  however,  is  so  long,  and 
goes  so  much  into  financial  and  commercial  details  that  we  have 


286  LIFE   AND   SERVICES   OF   JAMES    BUCHANAN. 

not  thought  it  interesting  to  give  it  entire,  especially  as  he 
delivered  a  shorter  one  immediately  after,  in  reply  to  the  Hon. 
John  Davis,  of  Massachusetts,  which  contains,  in  a  much  more 
condensed  form,  all  the  facts  and  arguments  of  the  first  one. 
We  cannot,  however,  refrain  from  giving  the  following  extract 
from  the  main  speech,  in  which  he  explains  the  disastrous 
effects  of  extravagant  bank  expansions  upon  all  the  multifa 
rious  interests  of  society.  After  showing  what  evils  this  course 
had  produced  in  England,  he  said  : 

"  But  why  need  we  resort  to  foreign  nations  for  illustrations 
of  the  truth  of  this  position,  when  it  has  been  brought  home  to 
the  actual  knowledge  of  every  man  within  this  country  ?  Have 
we  not  all  learned  by  bitter  experience,  that  when  our  periodi 
cal  expansions  commence,  the  price  of  all  property  begins  to 
rise  ?  It  goes  on  increasing  with  the  increasing  expansions, 
until  the  bubble  bursts,  and  then  bank  accommodations  and 
bank  issues  are  contracted,  the  amount  of  property  is  reduced, 
and  prices  fall  to  their  former  level.  This  is  the  history  of  our 
own  country,  and  we  all  know  it.  A  certain  amount  of  cur 
rency  is  necessary  to  represent  the  entire  exchangeable  pro 
perty  of  a  country,  and  if  this  amount  should  be  greatly 
increased  without  a  corresponding  increase  in  the  exchangeable 
productions  of  the  country,  the  only  consequence  would  be  a 
great  enhancement  in  nominal  prices.  I  say  nominal,  because 
this  increased  price  will  not  enable  the  man  who  receives  it  to 
purchase  mote  real  property,  or  more  of  the  necessaries  and 
luxuries  of  life  than  he  could  have  done  before. 

"  Let  me  now  recur  to  the  proposition  with  which  I  com 
menced  ;  and  1  will  repeat  that  I  do  not  pretend  to  mathematical 
accuracy  in  the  illustration  which  I  shall  present.  The  United 
States  carry  on  a  trade  with  Germany  and  France,  the  former 
a  hard  money  country,  and  the  latter  approaching  it.  so  nearly 
as  to  have  no  bank  notes  in  circulation  under  the  denomination 
of  five  hundred  francs,  or  nearly  one  hundred  dollars.  On  the 


SPEECH   ON   THE   INDEPENDENT   TEEASUET.  287 

contrary,  the  United  States  is  emphatically  a  paper  money 
country,  having  eight  hundred  banks  of  issue,  all  of  them  emit 
ting  notes  of  a  denomination  as  low  as  five  dollars,  and  most  of 
them  one,  two,  and  three  dollar  notes.  For  every  dollar  of 
gold  and  silver  in  the  vaults  of  these  banks,  they  issue  three, 
four,  five,  and  some  of  them  as  high  as  ten  and  even  fifteen 
dollars  of  paper.  This  produces  a  vast  but  ever  changing 
expansion  of  the  currency,  and  a  consequent  increase  of  the 
prices  of  all  articles,  the  value  of  which  is  not  regulated  by  the 
foreign  demand  above  the  prices  of  similar  articles  in  Germany 
and  France.  At  particular  stages  of  our  expansions,  we  might, 
with  justice,  apply  the  principle  which  I  have  stated  to  our 
trade  with  these  countries,  and  assert  that,  from  the  great 
redundancy  of  our  currency,  articles  are  manufactured  in 
France  and  Germany  for  half  their  actual  cost  in  this  country. 
Let  me  present  an  example.  In  Germany,  where  the  currency 
is  purely  metallic,  and  the  cost  of  everything  is  reduced  to  a 
hard  money  standard,  a  piece  of  broadcloth  can  be  manufac 
tured  for  fifty  dollars,  the  manufacture  of  which  in  our  country, 
from  the  expansion  of  our  paper  currency,  would  cost  one  hun 
dred  dollars.  What  is  the  consequence  ?  The  foreign  French 
or  German  manufacturer  imports  his  cloth  into  our  country, 
and  sells  it  for  one  hundred  dollars.  Does  not  every  person 
perceive  that  the  redundancy  of  our  currency  is  equal  to  one 
hundred  per  cent,  in  favor  of  the  foreign  manufacturer  ?  No 
tariff  of  protection,  unless  it  amounted  to  prohibition,  could 
counteract  this  advantage  in  favor  of  foreign  manufacturers.  I 
would  to  Heaven  that  I  could  arouse  the  attention  of  every 
manufacturer  in  the  nation  to  this  important  subject. 

"  The  foreign  manufacturer  will  not  receive  our  bank  notes  in 
payment.  He  will  take  nothing  home  except  gold  and  silver, 
or  bills  of  exchange,  which  are  equivalent.  He  does  not  expend 
this  money  here,  where  he  would  be  compelled  to  support  his 
family,  and  to  purchase  his  labor  and  materials  at  the  same 
rate  of  prices  which  he  receives  for  his  manufactures.  On  the 


288  LIFE   AND    SERVICES    OP   JAMES    BUCHANAN. 

contrary,  he  goes  home,  purchases  his  labor,  his  wool  and  all 
other  articles  which  enter  into  manufacture,  at  half  their  cost 
in  this  country,  and  again  returns  to  inundate  us  with  foreign 
woollens,  and  to  ruin  our  domestic  manufactures.  I  might  cite 
many  other  examples  ;  but  this  I  trust  will  be  sufficient  to  draw 
public  attention  to  the  subject.  This  depreciation  of  our  cur 
rency  is,  therefore,  equivalent  to  a  direct  protection  granted  to 
the  foreign  over  the  domestic  manufacturer.  It  is  impossible 
that  our  manufacturers  should  be  able  to  sustain  such  an 
unequal  competition. 

"  Sir,  I  solemnly  believe  that  if  we  could  but  reduce  this  in 
flated  paper  bubble  to  anything  like  reasonable  dimensions, 
New  England  would  become  the  most  prosperous  manufacturing 
country  that  the  sun  ever  shone  upon.  Why  cannot  we  manu 
facture  goods,  and  especially  cotton  goods,  which  will  go  into 
successful  competition  with  British  manufactures  in  foreign  mar 
kets  ?  Have  we  not  the  necessary  capital  ?  Have  we  not  the 
industry  ?  Have  we  not  the  machinery  ?  And,  above  all,  are 
not  our  skill,  energy,  and  enterprise  proverbial  throughout  the 
world  ?  Land  is.  also  cheaper  here  than  in  any  other  country 
on  the  face  of  the  earth.  We  possess  every  advantage  which 
Providence  can  bestow  upon  us  for  the  manufacture  of  cotton  ; 
but  they  are  all  counteracted  by  the  folly  of  man.  The  raw 
material  costs  us  less  than  it  does  the  English,  because  this  is  an 
article  the  price  of  which  depends  upon  foreign  markets,  and  is 
not  regulated  by  our  own  inflated  currency.  We,  therefore, 
save  the  freight  of  cotton  across  the  Atlantic,  and  that  of  the 
manufactured  article  on  its  return  here.  What  is  the  reason 
that,  with  all  these  advantages,  and  with  the  prospective  duties 
which  our  laws  afford  to  the  domestic  manufacturer  of  cotton, 
we  cannot  obtain  exclusive  possession  of  the  home  market,  and 
successfully  contend  for  the  markets  of  the  world  ?  It  is  simply 
because  we  manufacture  at  the  nominal  prices  of  our  own  inflated 
currency,  and  are  compelled  to  sell  at  the  real  prices  of  other 
nations.  Reduce  our  nominal  to  the  real  standard  of  prices 


SPEECH    ON   THE    INDEPENDENT    TREASURY.  289 

throughout  the  world,  and  you  cover  our  country  with  blessings 
and  benefits.  I  wish  to  Heaven  I  could  speak  in  a  voice  loud 
enough  to  be  heard  throughout  New  England  ;  because  if  the 
attention  of  the  manufacturers  could  once  be  directed  to  the 
subject,  their  own  intelligence  and  native  sagacity  would  show 
them  how  injuriously  they  are  affected  by  our  bloated  banking 
and  credit  system,  and  would  enable  them  to  apply  the  proper 
corrective. 

"We  are  also  charged  by  the  senator  from  Kentucky  with  a 
desire  to  reduce  the  wages  of  the  poor  man's  labor.  We  have 
been  often  termed  Agrarians  on  our  side  of  the  house.  It  is 
something  new  under  the  sun  to  hear  the  senator  and  his  friends 
attribute  to  us  a  desire  to  elevate  the  wealthy  manufacturer  at 
the  expense  of  the  laboring  man  and  the  mechanic.  From  my 
soul  I  respect  the  laboring  man.  Labor  is  the  foundation  of  the 
wealth  of  every  country  ;  and  the  free  laborers  of  tho  North 
deserve  respect  both  for  their  probity  and  their  intelligence. 
Heaven  forbid  that  I  should  do  them  wrong  !  Of  all  the  countries 
on  the  earth,  we  ought  to  have  the  most  consideration  for  the 
laboring  man.  From  the  very  nature  of  our  institutions,  the 
wheel  of  fortune  is  constantly  revolving  and  producing  such  mu 
tations  in  property,  that  the  wealthy  man  of  to-day  may  become 
the  poor  laborer  of  to-morrow.  Truly,  wealth  often  takes  to 
Itself  wings  and  flies  away.  A  large  fortune  rarely  lasts  beyond 
the  third  generation,  even  if  it  endure  so  long.  We  must  all 
knew  instances  of  individuals  obliged  to  labor  for  their  daily 
bread  whose  grandfathers  were  men  of  fortune.  The  regular 
process  of  society  would  almost  seem  to  consist  of  the  efforts  of 
one  class  to  dissipate  the  fortunes  which  they  have  inherited, 
whilst  another  class,  by  their  industry  and  economy,  are  regu 
larly  rising  to  wealth.  We  have  all,  therefore,  a  common  inte 
rest,  as  it  is  our  common  duty,  to  protect  the  rights  of  the  labor 
ing  man  ;  and  if  I  believed  for  a  moment  that  this  bill  would 
prove  injurious  to  him,  it  should  meet  my  unqualified  opposition. 

"  Although  the  bill  will  not  have  as  great  an  influence  as  I 

13 


290  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

could  desire,  yet,  as  far  as  it  goes,  it  will  benefit  the  laboring 
man  as  much,  and  probably  more,  than  any  other  class  of 
society.  What  is  it  he  ought  most  to  desire  ?  Constant  em 
ployment,  regular  wages,  and  uniform,  reasonable  prices  for  the 
necessaries  and  comforts  of  life  which  he  requires.  Now,  sir, 
what  has  been  his  condition  under  our  system  of  expansions  and 
contractions  ?  He  has  suffered  more  by  them  than  any  other 
class  of  society.  The  rate  of  his  wages  is  fixed  and  known  ;  and 
they  are  the  last  to  rise  with  the  increasing  expansion,  and  the 
first  to  fall  when  the  corresponding  revulsion  occurs.  He  still 
continues  to  receive  his  dollar  per  day,  whilst  the  price  of  every 
article  which  he  consumes  is  rapidly  rising.  He  is  at  length 
made  to  feel  that,  although  he  nominally  earns  as  much,  or  even 
more  than  he  .did  formerly,  yet,  from  the  increased  price  of  all 
the  necessaries  of  life,  he  cannot  support  his  family.  Hence, 
the  strikes  for  higher  wages,  and  the  uneasy  and  excited  feel 
ings  which  have  at  different  periods  existed  among  the  laboring 
classes.  But  the  expansion  at  length  reaches  the  exploding 
point,  and  what  does  the  laboring  man  now  suffer  ?  He  is  for 
a  season  thrown  out  of  employment  altogether.  Our  manufac 
tures  are  suspended ;  our  public  works  are  stopped  ;  our  pri 
vate  enterprises  are  abandoned  ;  and  whilst  others  are  able  to 
weather  the  storm,  he  can  scarcely  procure  the  means  of  bare 
subsistence. 

"  Again,  sir,  who  do  you  suppose  held  the  greatest  part  of 
the  worthless  paper  of  the  one  hundred  and  sixty-five  broken 
banks  to  which  I  have  referred  ?  Certainly  it  was  not  tjie  keen 
and  wary  speculator,  who  snuffs  danger  from  afar.  If  you  were 
to  make  the  search,  you  will  find  more  broken  bank  notes  in  the 
cottages  of  the  laboring  poor  than  anywhere  else.  And  these 
miserable  shinplasters,  where  are  they  ?  After  the  revolution 
of  1837,  laborers  were  glad  to  obtain  employment  on  any  terms  ; 
and  they  often  received  it  upon  the  express  condition  that  they 
should  accept  this  worthless  trash  in  payment.  Sir,  an  entire 
suppression  of  all  bank  notes  of  a  lower  denomination  than  the 


SPEECH   ON  THE  INDEPENDENT  TREASURY,  291 

Talue  of  one  week's  wages  of  the  laboring  man,  is  absolutely 
necessary  for  his  protection.  He  ought  always  to  receive  hia 
wages  in  gold  and  silver.  Of  all  men  on  the  earth,  the  laborer 
is  most  interested  in  having  a  sound  and  stable  currency. 

"  The  sound  state  of  the  currency  will  have  another  most 
happy  effect  upon  the  laboring  man.  He  will  receive  his  wages 
in  gold  and  silver  ;  and  this  will  induce  him  to  lay  up,  for 
future  use,  such  a  portion  of  them  as  he  can  spare,  after  satisfy 
ing  his  immediate  wants.  This  he  will  not  do  at  present, 
because  he  knows  not  whether  the  trash  which  he  is  now  com 
pelled  to  receive  as  money,  will  continue  to  be  of  any  value  a 
week  or  a  month  hereafter.  A  knowledge  of  this  fact  tends  to 
banish  economy  from  his  dwelling,  and  induces  him  to  expend 
all  his  wages  as  rapidly  as  possible,  lest  they  may  become 
worthless  on  his  hands. 

"  Sir,  the  laboring  classes  understand  this  subject  perfectly, 
It  is  the  hard-handed  and  firm-fisted  men  of  the  country  on 
whom  we  must  rely  in  the  day  of  danger,  who  are  the  most 
friendly  to  the  passage  of  this  bill.  It  is  they  who  are  the  most 
ardently  in  favor  of  infusing  into  the  currency  of  the  country  a 
very  large  amount  of  the  precious  metals." 

No  one  at  this  day  will  pretend  to  question  the  accuracy  of  the 
above  remarks.  Indeed,  they  evince  a  political  sagacity,  amid 
the  delusions  of  the  time  on  the  currency  question,  so  in 
dustriously  maintained  by  those  interested  in  banks,  that  does 
infinite  credit  to  the  statesmanship  of  Mr.  Buchanan.  It  is  not 
too  much  to  say  that  this  manly  and  able  defence  of  the  rights 
of  the  laboring  classes  has  saved  thousands,  yes,  hundreds  of 
thousands  of  dollars  to  the  men  who  earn  their  living  by  the 
sweat  of  their  brows.  And  not  these  classes  alone  have  been 
benefited,  but  every  business  man  has  reaped  innumerable  bles 
sings,  in  the  uniformity  and  healthful  activity  which  the  adop 
tion  of  the  principles  Mr.  Buchanan  advocated  with  so  much 
earnestness  and  ability,  has  secured  to  every  department  of  in- 


292  LIFE  AND   6EEVICES   OF  JAMES   BUCHANAN. 

dustrial,  manufacturing  or  mercantile  pursuits.  But  how  has  Mr. 
Buchanan  been  repaid  for  this  defence  of  the  interests  of  his  coun 
try  ?  No  reasonable  man  would  suspect  from  the  foregoing  ex 
tract  we  have  given  from  his  great  speech  in  answer  to  Mr. 
Clay,  that  Mr.  Buchanan  was  not  advocating  the  interests  of  the 
laboring  man.  Yet,  upon  this,  Mr.  John  Davis,  of  Massachusetts, 
founded  a  speech  of  a  most  unjust  and  unfair  character,  charging 
Mr.  Buchanan  with  being  in  favor  of  low  wages,  and  from  this 
have  the  many  newspaper  slanders  on  this  subject  originated.  It 
is  this  speech  in  reply  to  Mr.  Davis  which  we  now  give,  and  a  more 
searching  and  indignant  exposition  of  the  meanness  of  an  oppo 
nent  in  putting  words  in  the  mouth  of  his  adversary,  we  have 
never  encountered : 

"  Mr.  President :  I  rise  to  perform  a  painful,  but  imperious 
duty,  which  I  owe  to  myself.  The  speech  which  I  lately  deliv 
ered  in  favor  of  the  independent  treasury  bill,  has  been  made 
the  subject  of  criticism  and  censure  in  another  part  of  this  capi- 
tol  ;  under  what  rule  of  order,  I  confess  I  cannot  comprehend. 
In  some  portions  of  the  country,  at  public  meetings,  and  in  the 
public  press,  I  have  been  denounced  as  the  enemy  of  the  labor 
ing  man,  and  have  been  charged  with  a  desire  to  reduce  his 
wages,  and  depress  his  condition  to  that  of  the  degraded  serfs 
of  the  European  despotisms.  Sentiments  have  been  attributed  to 
me,  which  I  never  uttered,  and  which  my  soul  abhors.  I  repeat 
what  I  declared  in  that  speech,  that  if  I  could  believe  for  a  mo 
ment  that  the  independent  treasury  bill  would  prove  injurious 
to  the  laboring  man,  it  would  meet  my  unqualified  opposi 
tion. 

"  I  had  intended  to  embrace  the  first  opportunity  which  pre 
sented  of  doing  myself  justice  upon  this  subject.  Business  called 
me  away,  and  I  was  absent  whilst  the  senator  from  Kentucky 
(Mr.  Crittenden)  addressed  the  Senate  on  the  resolutions  now 
before  it.  I  understood  that  he  had  referred  to  the  wages  of 
labor,  in  no  offensive  terms  to  me,  however,  but  in  such  a  man- 


HIS  REPLY   TO   HON.  JOHN   DAVIS. 

ner  as  to  have  presented  the  opportunity  which  I  so  much  de 
sired.  When  the  senator  from  New  York  (Mr.  Tallmadge) 
afterwards  alluded  to  the  same  subject,  the  debate  had  assumed 
a  personal  character,  and  I  was  not  the  man  to  interfere 
against  him  in  such  a  contest.  He  had  said  nothing  which 
could  excite  a  disposition  on  my  part  to  pursue  such  a  course. 

"  Had  I  obtained  the  floor  at  any  time  during  the  last  week, 
my  explanation  would  have  been  short  and  simple.  The  means, 
and  the  only  means,  by  which  it  was  alleged  that  I  had  sought 
to  reduce  the  wages  of  labor  to  the  standard  of  the  hard  money 
despotisms  of  Europe,  was,  by  the  introduction  of  an  exclusive 
metallic  currency  into  this  country.  Now,  to  such  a  radical 
change  in  our  currency,  I  have  forever  been  opposed.  I  have 
avowed  my  opposition  repeatedly  upon  this  floor  and  elsewhere, 
and  never  more  distinctly,  than  in  my  late  speech  in  favor  of  the 
independent  treasury  bill.  My  motto  has  always  been  to  reform, 
not  to  destroy  the  banks  ;  and  I  have  endeavored  to  prove — 
with  what  success  I  must  leave  the  public  to  judge — that  such 
a  radical  reform  in  these  institutions  as  would  prevent  violent 
expansions  and  contractions  of  the  currency,  and  thus  enable 
them  always  to  redeem  their  no'tes  in  specie,  would  prove  emi 
nently  beneficial  to  all  classes  of  society,  but  more  especially  to 
the  laboring  man.  ' 

"  On  Saturday  evening  last,  a  message  was  sent  me  by  a 
friend,  requesting  me  to  examine  the  published  speech  of  the 
senator  from  Massachusetts  (Mr.  Davis)  and  suggesting  that  it 
contained  an  erroneous  statement  of  the  arguments  which  I  had 
used  in  favor  of  the  independent  treasury  bill.  I  examined  his 
speech  in  the  '  National  Intelligencer/  having  never  read  it  be 
fore,  and  I  confess  it  struck  me  with  the  utmost  astonishment. 
I  found  that,  throughout,  he  had  attributed  to  me  arguments 
in  favor  of  the  bill  which  I  never  used — nay,  more,  that  the  ob 
jections  of  the  bill,  which  I  had  endeavored  to  combat,  had  been 
imputed  to  me  as  the  very  arguments  which  I  urged  in  its 
favor. 


294:  LIFE   AND   SERVICES   OF   JAMES   BUCHANANS 

"  I  shall  proceed  to  make  some  remarks  upon  his  speech.  In 
performing  this  duty,  it  is  my  sole  purpose  to  justify  myself, 
without  feeling  the  slightest  disposition  to  do  him  injury. 

"In  my  remarks,  I  urged  the  passage  of  the  independent 
treasury  bill,  because  it  would  separate  the  banks  from  the 
government,  and  would  render  the  money  of  the  people  always 
secure,  and  always  ready  to  promote  their  prosperity  in  peace, 
and  to  defend  them  in  war.  Great  as  are  the  advantages, 
direct  and  indirect,  which  the  country  will  derive  from  the  pas 
sage  of  this  bill,  I  knew  that  it  could  accomplish  little  or  noth 
ing  towards  reforming  our  paper  currency,  or  retaining  the 
banks  within  safe  limits.  This  opinion  I  have  declared  upon 
all  occasions,  and  never  more  emphatically  than  in  my  late 
speech.  I  stated  that  the  additional  demand  for  gold  and  sil 
ver  which  it  might  create,  would  not  exceed  five  millions  of 
dollars  per  annum,  according  to  the  President's  estimate,  and 
that  although  this  might  compel  the  banks  to  keep  more  spe 
cie  in  their  vaults  in  proportion  to  their  circulation  and  depo 
sits,  yet  that  it  would  prove  but  a  very  inadequate  restraint 
upon  excessive  banking.  Nay,  more  ;  I  plumed  myself  upon 
the  fact  that  I  had  been  the  first  to  suggest  the  amendment 
requiring  the  holders  of  treasury  drafts  to  present  them  for  pay 
ment  to  the  depositors,  with  as  little  delay  as  possible,  for  the 
express  purpose  of  saving  the  banks  from  the  injury  which  might 
be  inflicted  upon  them  by  locking  up  a  large  surplus  of  revenue 
in  gold  and  silver,  in  the  vaults  of  the  depositories,  and  I  en 
deavored  to  prove,  not  only  by  my  own  argument,  but  by  the 
authority  of  one  of  the  most  distinguished  financiers  that  his 
tory  has  ever  produced,  that  the  bank  never  could  be  injured 
by  the  adoption  of  the  independent  treasury  bill,  unless  in  the 
event  of  a  large  surplus  revenue,  which  would  not  probably 
soon  occur.  I  also  stated  that  it  would  thus  become  their  inter 
est,  as  it  already  was  that  of  the  rest  of  the  community,  to  pre 
vent  the  accumulation  of  such  a  surplus.  In  referring  to  the 
blessings  which  would  flow  to  the  laboring  man  from  the  exist- 


HIS   REPLY   TO    HON.  JOHN   DAVIS.  295 

ence  of  a  sound  mixed  currency,  whose  basis  should  be  gold  and 
silver,  I  expressly  declared  that  the  bill  would  exercise  LO  great 
influence  in  producing  this  desirable  result. 

"  Again,  in  speaking  of  the  effect  which  this  measure  would 
produce  in  reducing  the  amount  of  our  imports — a  consumma 
tion  devoutly  desired  by  all — what  was  my  argument  ?  That 
the  bill  would,  in  some  degree,  especially  after  June,  1842, 
diminish  our  imports  ;  because  we  should  then  have  a  system 
of  cash  duties,  which  would  operate  as  an  encouragement  to 
our  domestic  manufactures. 

"  One  of  the  great  objects  of  my  speech  was  to  answer  the 
objections  which  had  been  urged  against  the  independent 
treasury  bill,  by  proving  that  it  would  not  injuriously  influence 
the  business  of  the  country  in  the  manner  which  had  been 
predicted  by  its  enemies,  and  especially  that  it  would  produce 
little  or  no  effect  upon  the  sound  and  solvent  banks  of  the 
country.  I  thought  I  had  succeeded.  It  certainly  never  en 
tered  into  my  conception  that  any  person  on  the  face  of  the 
earth  could  so  far  have  mistaken  my  meaning  as  to  attri 
bute  to  me  arguments  in  favor  of  the  bill,  as  directly  oppo 
site  to  those  which  I  urged  as  darkness  is  to  light. 

"  You  may  judge,  then,  Mr.  President,  of  my  astonishment, 
when,  in  the  very  second  paragraph  of  the  speech  of  the 
senator  from  Massachusetts,  I  read  the  following  sentence  : 

" '  The  senator  from  Mississippi  (Mr.  Walker)  with  his 
usual  acknowledged  ability,  and  the  distinguished  senator  from 
Pennsylvania  (Mr.  Buchanan)  following  in  his  track,  have  ad 
vanced  the  propositions  that  the  embarrassments  and  distress 
with  which  the  country  has  been  grievously  afflicted  for  several 
years  past,  and  which  now  paralyze  all  its  energies,  are  im- 
putablc  to  the  pernicious  influence  of  bank  paper,  that  this 
bill  (the  Independent  Treasury  bill)  contains  the  neccessary 
corrective,  as  it  will  check  importations  of  foreign  goods,  sup 
press  what  they  call  the  credit  system,  and  by  restoring  a 
specie  currency,  reduce  the  wages  of  labor  and  the  value  of 


LIFE    AND   SERVICES   OF   JAMES    BUCHANAN. 

property.  This  is  the  character  given  to  the  measure  by  its 
friends';  and  alarming  as  the  doctrines  are,  I  am  gratified 
that  they  are  frankly  avowed/ 

"  Now,  sir,  I  openly  declare  in  the  face  of  the  Senate  and 
the  world,  not  only  that  no  such  doctrines  were  ever  avowed  by 
me,  but  that  these  remarks  of  the  senator  are  palpable,  I  will 
not  say  intentional,  misrepresentations  both  of  the  letter  and 
spirit  of  my  speech. 

"  What,  sir  !  to  attribute  to  me  the  remark,  that  this  bill, 
by  applying  the  necessary  corrective  to  the  pernicious  influence 
of  bank  paper,  '  and  by  thus  restoring  a  specie  currency '  will 
produce  the  disastrous  consequences  which  he  has  enumerated, 
when  a  considerable  portion  of  my  argument  was  devoted  to 
prove  that  the  bill  would  produce  no  injurious  effect  whatever 
upon  the  sound  and  solvent  banks  of  the  country  I  Nay,  mere, 
that  it  would  exert  but  a  very  trifling  influence,  indeed,  if  any, 
even  in  restraining  within  safe  limits  their  loans  and  issues. 
Now,  sir,  it  may  be  very  ingenious,  but  it  is  certainly  not  very 
fair,  to  put  into  the  mouth  of  a  friend  of  the  bill,  as  arguments 
in  its  favor,  the  strongest  objections  which  have  been  urged 
against  it  by  its  enemies.  These  would  be  so  many  admissions 
of  its  fatal  consequences,  and  they  would  be  the  stronger  when 
converted  into  arguments  in  its  favor  by  one  of  its  friends. 
Against  the  whole  interest  of  my  remarks — against  my  express 
and  reiterated  declarations,  both  upon  this  and  former  occasions, 
that  I  was  no  friend  to  an  exclusive  hard  money  currency,  but 
was  in  favftr  of  well  regulated  State  banks,  how  could  the  sena 
tor  be  so  far  mistaken  as  to  sit  down  and  deliberately  write  that 
I  had  urged  in  favor  of  this  bill,  that  it  would  restore  a  specie 
currency,  and  thereby  reduce  the  wages  of  labor  and  the  value 
of  property  ?  I  leave  it  for  him  to  answer  the  question  accord 
ing  to  his  own  sense  of  justice  towards  a  brother  senator  who 
had  never  done  him  harm. 

"  But  the  senator  does  not  stop  here.  Throughout  his  whole 
speech  he  imputes  to  me  the  use  of  such  arguments  in  favor  of 


HIS   KEPLT   TO   HON.  JOHN    DAVIS.  297 

the  bill  as  I  have  stated,  and  dwells  upon  them  at  length — 
arguments  which  if  I  had  ever  used,  would  prove  conclusively 
that  I  was  an  enemy  of  the  bill  which  I  professed  to  advocate, 
and  that  scarcely  even  in  disguise.  This  is  the  light  in  which  he 
presents  me  before  the  world.  Towards  the  conclusion  of  his 
speech,  he  caps  the  climax.  He  says  : 

"  '  To  follow  out  the  case,  I  have  supposed  :  The  income  of 
every  man  except  the  exporter,  is  to  be  reduced  one  half  in  the 
value  of  wages  and  property,  while  all  foreign  merchandise  will 
cost  the  same,  which  will  obviously,  in  effect,  double  the  price, 
as  it  will  take  twice  the  amount  of  labor,  or  twice  the  amount 
of  the  products  of  labor,  to  purchase  it.' 

"  I  do  not  ascribe  this  power  to  the  bill,  but  it  is  enough  for 
me  that  its  friends  do.  What  response  will  the  farmers,  me 
chanics,  manufacturers,  and  laborers  make  to  such  a  flagitious 
proposition  ? 

"  And  all  this,  the  senator  says  in  a  professed  reply  to  me. 
He  thus  charges  me  with  having  ascribed  to  the  Independent 
Treasury  bill  the  power  of  reducing  the  income  of  every  man 
in  the  country,  '  one  half  in  the  value  of  wages  and  property/ 
Had  I  contended  in'  favor  of  any  such  power,  well  might  the 
senator  have  said,  it  was  '  a  flagitious  proposition/  He  would 
almost  have  been  justified  in  the  use  of  a  term  so  harsh  and 
unparliamentary. 

"  Self-respect,  as  well  as  the  respect  which  I  owe  to  the 
Senate,  restrains  me  from  giving  such  a  contradiction  to  this 
allegation  as  it  deserves.  It  would  surely  not  be  deemed  im 
proper,  however,  in  me,  if  I  were  to  turn  to  the  senator,  and 
apply  the  epithet  which  he  himself  has  applied  to  the  proposi 
tion  he  imputes  to  me,  and  were  to  declare  that  such  an  impu 
tation  was  a  '  flagitious '  misrepresentation  of  my  remarks. 

"  So  far  from  imagining  that  the  Independent  Treasury  bill 
would  restore  to  the  country  a  metallic  currency,  I  believed 
that  it  would  exercise  but  a  slight  influence  in  restraining  the 
excesses  of  the  banking  system.  Other  and  much  more  efficient 

17* 


298  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

remedies  must  be  adopted  by  the  several  States  to  restrain  the 
excesses,  and  thus  to  prevent  future  suspensions.  In  my 
remarks,  I  stated  distinctly  what  legislation  would,  I  thought, 
be  required  to  accomplish  this  purpose.  In  the  first  place  I 
observed  that  the  banks  ought  to  be  compelled  to  keep  in  their 
vaults  a  certain  fair  proportion  of  specie  compared  with  their 
circulation  and  deposits,  or  in  other  words,  a  certain  proportion 
of  immediate  specie  means,  to  meet  their  immediate  responsi 
bilities.  2d.  That  the  foundation  of  a  specie  basis  for  our 
paper  currency  should  be  laid,  by  prohibiting  the  circulation  of 
bank-notes,  at  the  first,  under  the  denomination  of  ten,  and 
afterwards,  under  that  of  twenty  dollars.  3d.  That  the  amount 
of  bank  dividends  should  be  limited.  4th.  And  above  all,  that 
upon  the  occurrence  of  another  suspension,  the  doors  of  the 
bank  should  be  closed  at  once,  and  their  affairs  placed  in  the 
hands  of  commissioners.  A  certainty  that  such  must  be  the 
Inevitable  effect  of  another  suspension,  would  do  more  to  pre 
vent  it  than  any  other  cause.  To  reform,  and  not  to  destroy, 
was  my  avowed  motto.  I  know  that  the  existence  of  Ibanks, 
and  the  circulation  of  bank-paper,  are  so  identified  with  the 
habits  of  our  people,  that  they  cannot  be  abolished,  even  if 
this  were  desirable. 

"  Such  a  reform  in  the  banking  system,  as  I  have  indicated, 
would  benefit  every  class  of  society,  but  above  all  others,  the 
man  who  makes  his  living  by  the  sweat  of  his  brow.  The 
object  at  which  I  aimed  by  these  reforms  was  not  a  pure 
metallic  currency,  but  a  currency  of  a  mixed  character  ;  the 
paper  portion  of  it  always  convertible  into  gold  and  silver,  and 
subject  to  as  little  fluctuation  in  amount  as  the  regular  business 
of  the  country  would  admit.  Of  all  reforms,  this  is  what  the 
mechanic  and  the  laboring  man  ought  most  to  desire.  It 
would  produce  steady  prices  and  steady  employment,  and, 
under  its  influence  the  country  would  march  steadily  on  in  its 
career  of  prosperity,  without  suffering  from  the  ruinous  expan 
sions,  and  contractions,  and  explosions  which  we  have  en- 


HIS    KEPLY    TO    HCXN.  JOHN    DAVIS.  299 

dured  during  the  last  twenty  years.  What  is  most  essential  to 
the  prosperity  of  the  mechanic  and  laboring  man  ?  Constant 
employment,  steady  and  fair  wages,  with  uniform  prices  for  the 
necessaries  and  comforts  of  life  which  he  must  purchase,  and 
payment  for  his  labor  in  a  sound  currency. 

"  Let  us,  in  these  particulars,  compare  the  present  condition 
of  the  laboring  man  under  the  banking  system  which  now 
exists,  with  what  it  would  be  under  such  reforms  as  I  have 
indicated.  And  first,  in  regard  .to  constant  employment. 
What  is  the  effect  of  the  present  system  of  bank  expansions, 
and  contractions,  and  revulsions,  in  this  particular  ?  Is  it  not 
absolutely  certain,  has  not  experience  demonstrated,  that  under 
such  a  system,  constant  employment  is  rendered  impossible  ? 
It  is  true,  that  during  the  short  period  whilst  the  bubble  is 
expanding,  and  the  banks  are  increasing  their  loans  and  their 
issues,  labor  of  every  kind  finds  employment.  Then  buildings  of 
all  sorts  are  erected,  manufactures  are  established,  and  the 
mason,  and  other  mechanics  are  in  demand.  Public  works  are 
prosecuted,  and  afford  employment  to  an  immense  number  of 
laborers.  The  tradesman  of  every  description  then  finds  cus 
tomers,  because  the  amount  of  paper  in  circulation  produces  a 
delusive  appearance  of  prosperity,  and  promotes  a  spirit  of 
extravagance.  But,  sir,  under  this  system  the  storm  is  sure  to 
succeed  the  sunshine,  the  explosion  is  certain  to  follow  the 
expansion — and  when  it  comes,  and  we  are  now  suffering  under 
it — what  is  then  the  condition  of  the  mechanic  and  the  labor, 
ing  man  ?  Buildings  of  every  kind  cease,  manufactories  are 
closed,  public  works  are  suspended,  and  the  laboring  classes 
are  thrown  out  of  employment  altogether.  It  is  enough  to 
make  one's  heart  bleed  to  reflect  upon  their  sufferings,  particu 
larly  in  our  large  cities,  during  the  past  winter.  In  many  in 
stances  the  question  with  them  has  not  been  what  amount  of 
wages  they  could  earn,  but  whether  they  could  procure  any 
employment  which  would  save  them  and  their  families  from 
starvation.  If  our  State  legislatures,  which  alone  possess  the 


800  LIFE    AND    SERVICES   OF   JAMES    BUCHANAN. 

power,  would  but  regulate  our  bloated  credit  .system  wisely,  by 
restraining  the  banks  within  safe  limits,  our  country  would  then 
be  permitted  to  proceed  with  regular  strides,  and  the  laboring 
men  would  suffer  none  of  these  evils  because  he  would  receive 
constant  employment. 

"  In  the  second  place,  what  is  the  effect  of  the  present  sys 
tem  upon  the  wages  of  labor,  and  upon  the  price  of  the  neces 
saries  and  comforts  of  life  ?  It  cannot  be  denied  that  that 
country  is  the  most  prosperous  where  labor  commands  the 
greatest  reward  ;  but  this  not  for  one  year  merely,  not  for  that 
short  period  of  time  when  our  bloated  credit  system  is  most 
expanded,  but  for  a  succession  of  years,  for  all  time.  Perma 
nence  in  the  rate  of  wages  is  indispensable  to  the  prosperity  of 
the  laboring  man.  He  ought  to  be  able  to  look  forward  with 
confidence  to  the  future,  to  calculate  upon  being  able  to  rear 
and  educate  his  family  by  the  sweat  of  his  brow,  and  to  make 
them  respectable  and  useful  citizens.  In  this  respect,  what  is 
the  condition  of  the  laboring  man  under  our  present  system  ? 
Whilst  he  suffers  more  under  it  than  any  other  member  of 
society,  he  derives  from  it  the  fewest  advantages.  It  is  a  prin 
ciple  of  political  economy  confirmed  by  experience,  that  whilst 
the  paper  currency  is  expanding,  the"  price  of  everything  else 
increases  more  rapidly  than  the  wages  of  labor.  They  are  the 
last  to  rise  with  the  expansion,  and  the  first  to  fall  with  the 
contraction  of  the  currency.  The  price  of  a  day's  or  of  a 
month's  labor  of  any  kind,  the  price  of  a  hat,  of  a  pair ,  of 
boots,  of  a  pound  of  leather,  of  all  articles  of  furniture  ;  in 
short,  of  manual  and  mechanical  labor  generally,  is  fixed  and 
known  to  the  whole  community.  The  purchaser  complains 
when  these  fixed  prices  are  enhanced,  and  the  mechanic  or 
laborer,  in  order  to  retain  his  customers,  cannot  and  does  not 
raise  his  price  until  he  is  compelled  to  do  so  by  absolute  neces 
sity.  His  meat,  his  flour,  his  potatoes,  clothing  for  himself  and 
family,  mount  up  to  an  extravagant  price  long  before  hia  com- 
pensation  is  increased.  It  was  formerly  supposed  that  the  pro- 


HIS   EEPLY   TO   HON.  JOHN   DAVIS.  301 

ductions  of  meat  and  flour  were  so  vast  in  our  extended  and 
highly  favored  land,  that  a  monopoly  of  them  would  be  impos 
sible.  The  experience  of  the  last  two  or  three  years  has 
proved  the  contrary.  The  banks,  instead  of  giving  credit  in 
small  sums  to  honest  men,  who  would  have  used  the  money 
wisely  in  promoting  their  own  welfare,  and  as  a  necessary  con 
sequence,  that  of  the  community,  have  loaned  it  to  monopolists, 
to  enable  them  to  raise  the  price  of  the  necessaries  of  life  to 
the  consumer.  Have  we  not  all  learned  that  a  million  of  dol 
lars  have  been  advanced  by  them  to  an  individual  for  the  pur 
pose  of  enabling  him  to  monopolize  the  sale  of  all  the  beef 
consumed  in  our  eastern  cities  ?  Do  we  not  all  know'  that  this 
effort  proved  successful  during  the  last  year  in  raising  the  price 
of  this  necessary  of  life  to  twelve  and  sixteen  cents,  and  even 
higher,  per  pound.  Now,  sir,  although  the  wages  of  the  labor 
ing  man  were  then  nominally  high,  what  was  his  condition  ? 
He  could  not  afford  to  go  into  the  market  and  purchase  beef 
for  his  family.  If  his  wages  increased  with  the  increasing  ex 
pansion  of  our  credit  system,  aggravated  in  its  effects  by  the 
immense  sales  of  State  bonds  of  Europe,  still  the  prices  of  all 
the  necessaries  of  life  rose  in  a  greater  proportion,  and  he  was 
not- benefited.  I  might  mention  also,  the  vast  monopoly  of 
pork,  produced  by  a  combination  of  individuals,  extending  from 
Boston  to  Cincinnati,  which,  by  means  of  bank  facilities,  suc 
ceeded  in  raising  the  price  of*  that  necessary  of  life  to  an 
enormous  pitch.  What  then  did  the  laborer  gain,  even  at  the 
time  of  the  greatest  expansion?  Nothing — literally  nothing. 
The  laborers  were  a  suffering  class  even  in  the  midst  of  all  this 
delusive  prosperity.  Instead  of  being  able  to  lay  by  anything 
for  the  present  day  of  adversity,  which  was  a  necessary  conse 
quence  of  the  system,  the  laborer  was  even  then  scarcely  able 
to  maintain  himself  and  his  family.  His  condition  has  been 
terrible  during  the  past  winter.  In  view  of  these  facts,  I  said — 

"  '  All  other  circumstances  being  equal,  I  agree  with  the  sena- 


302  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

tor  from  Kentucky  that  that  country  is  most  prosperous  when 
labor  commands  the  highest  wages.  I  do  not,  however,  mean 
by  the  terms  "  highest  wages "  the  greatest  nominal  amount. 
During  the  revolutionary  war,  one  day's  work  commanded  a 
hundred  dollars  of  continental  paper  ;  but  this  would  scarcely 
have  purchased  a  breakfast.  The  more  proper  expression 
would  be  to  say,  that  that  country  is  most  prosperous  where 
labor  commands  the  greatest  reward — where  one  day's  labor 
will  procure,  not  the  greatest  nominal  amount  of  a  depreciated 
currency,  but  most  of  the  necessaries  and  comforts  of  life.  If, 
therefore,  you  should,  in  some  degree,  reduce  the  nominal  price 
paid  for  labor,  by  reducing  the  amount  of  your  bank  issues 
within  reasonable  and  safe  limits,  and  establishing  a  metallic 
basis  for  your  paper  circulation,  would  this  injure  the  laborer  ? 
Certainly  not ;  because  the  price  of  all  .the  necessaries  and 
comforts  of  life  are  reduced  in  the  same  proportion,  and  he  will 
be  able  to  purchase  more  of  them  for  one  dollar  in  a  sound 
state  of  the  currency,  than  he  could  have  done  in  the  days  of 
extravagant  expansion  for  a  dollar  and  a  quarter.  So  far^from 
injuring,  it  will  greatly  benefit  the  laboring  man.  It  will  insure 
to  him  constant  employment,  and  regular  prices,  paid  in  a 
sound  currency,  which  of  all  things  he  ought  most  to  desire  ; 
and  it  will  save  him  from  being  involved  in  ruin  by  a  recur 
rence  of  those  periodical  expansions  and  contractions  of  the 
currency,  which  have  hitherto  convulsed  the  country/ 

"  Now,  sir,  is  not  my  meaning  clearly  expressed  in  this  para 
graph  ?  I  contended  that  it  would  not  injure  but  greatly  bene 
fit  th£  laboring  man,  to  prevent  the  violent  and  ruinous  expan 
sions  and  contractions  to  which  our  currency  was  incident,  and 
by  judicious  bank  reform,  to  place  it  on  a  settled  basis.  If 
this  were  done,  what  would  be  the  consequence  ?  That,  if  the 
laboring  man  could  not  receive  as  great  a  nominal  amount  for 
his  labor  as  he  did  'in  the  days  of  extravagant  expansion,' 
which  must  always,  under  our  present  system,  be  of  short  dura- 


HIS    KEPLY   TO   HON.  JOHN   DAVIS.  303 

tion,  lie  would  be  indemnified,  and  far  more  than  indemnified, 
by  the  constant  employment,  the  regular  wages,  and  the  uni 
form  and  more  moderate  prices  of  the  necessaries  and  comforts 
of  life,  which  a  more  stable  currency  would  produce.  Can  this 
proposition  be  controverted  ?  I  think  not  ;  it  is  too  plain  for 
argument.  Mark,  me,  sir  ;  I  desire  to  produce  this  happy 
result  not  by  establishing  a  pure '  metallic  currency,  but  by 
reducing  the  amount  of  your  bank  issues  within  reasonable  and 
safe  limits  and  establishing  a  metallic  basis  for  your  paper  cir 
culation.  The  idea  plainly  expressed  is,  that  it  is  better,  much 
better,  for  the  laboring  man,  as  well  as  for  every  other  class  of 
society,  except  the  speculator,  that  the  business  of  the  country 
should  be  placed  upon  that  fixed  and  permanent  foundation 
which  would  be  laid  by  establishing  such  a  bank  reform  as 
would  render  it  certain  that  bank  notes  should  be  always  con 
vertible  into  gold  and  silver. 

"  And  yet  this  plain  and  simple  exposition  of  my  views  has 
been  seized  upon  by  those  who  desired  to  make  political  capi 
tal  out  of  their  perversion  ;  and  it  has  been  represented  far 
and  wide,  that  it  was  my  desire  to  reduce  wages  down  to  the 
prices  received  by  the  miserable  serfs  and  laborers  of  European 
despotisms.  I  shall  most  cheerfully  leave  the  public  to  decide 
between  me  and  my  traducers.  The  senator  from  Massachu 
setts,  after  having  attributed  to  me  the  intention  of  reducing 
the  wages  of  labor  to  the  hard  money  standard,  through  the 
agency  of  the  Independent  Treasury  Bill,  has  added,  as  an 
appendix  to  his  speech,  a  statement  made  by  the  senator 
from  Maryland  (Mr.  Merrick),  of  the  prices  of  labor  in  these 
hard  money  despotisms  ;  and  it  is  thus  left  to  be  inferred  that 
I  am  in  favor  of  reducing  the  honest  and  independent  laborer 
of  this  glorious  and  free  country  to  the  same  degraded  condi 
tion.  The  senator  ought  to  know  that  there  is  too  much  intel 
ligence  among  the  laboring  classes  in  this  highly  favored  land, 
to  be  led  astray  by  such  representations. 

Payment  of  wages  in  a  sound  currency.     Under  the  pres- 


304:  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

ent  unrestricted  banking  system  this  is  entirely  out  of  the 
question.  Nothing  can  ever  produce  this  effect,  except  the 
absojute  prohibition  of  the  issue  and  circulation  of  small  notes. 
As  long  as  bank  notes  exist  of  denominations  so  low  as  to  ren 
der  it  possible  to  make  them  the  medium  of  payment  for  a  day's 
or  a  week's  labor,  so  long  will  the  laboring  man  be  compelled 
to  accept  the  very  worst  of  these  notes  for  his  wages.  Unless 
it  may  be  at  periods  of  the  highest  expansion,  when  labor  is 
in  the  very  greatest  demand,  notes  of  doubtful  credit  will 
always  be  forced  upon  him.  This  was  emphatically  the  case 
after  the  explosion  of  the  banks  in  183 1.  He  could  then  procure 
nothing  for  his  work,  but  the  miserable  shinplaster-currency  with 
which  the  country  was  inundated.  This  he  would  not  lay  by  for 
a  rainy  day/  because  he  did  not  know  at  what  moment  it  might 
become  altogether  worthless  on  his  hands.  The  effect  of  it  was 
to  destroy  all  habits  of  economy.  Besides,  as  a  class,  laborers 
suffer  more  from  counterfeit  and  broken  bank-notes  than  any 
other  class  of  society.  In  order  to  afford  the  laborer  the  neces 
sary  protection  against  these  evils,  he  ought  always  to  be  paid, 
and  would  from  necessity  always  be  paid,  in  gold  and  silver,  if 
the  issue  and  circulation  of  small  notes  were  entirely  prohibited. 
"  Thus,  it  will  be  perceived,  that  without  the  imposition  of 
wholesome  restrictions  upon  the  banks,  the  laboring  man  can 
never  expect  to  receive  either  constant  employment  or  steady 
and  fair  wages,  paid  in  a  sound  currency  ;  or  to  pay  uniform 
prices  for  the  necessaries  and  comforts  of  life,  which  he  is 
obliged  to  purchase.  Under  our  present  system  everything  is 
in  a  state  of  constant  fluctuation  and  change.  Prices  are  high 
to-day,  low  to-morrow.  Labor  is  in  demand  to-day,  there  is 
no  employment  to-morrow.  There  is  no  stability,  no  unifor 
mity  under  our  'present  system.  Of  all  men,  laborers  are  the 
most  interested  in  such  a  wise  regulation  of  the  banking  system 
by  the  States,  as  would  prevent  the  violent  expansions  and 
contractions  in  the  currency,  and  the  consequent  suspensions  of 
specie  payments  under  which  we  have  been  suffering. 


THE    LOW    WAGES    SLANDER.  305 

"  Why,  sir,  under  our  present  system,  we  endure  the  evils 
both  of  an  exclusive  hard  money  currency  and  a  bloated  paper 
system,  without  experiencing  the  benefits  of  either.  The  one 
is  the  inevitable  consequence  of  the  other.  At  the  present 
moment,  we  have  reached  a  point  of  depression  in  the  currency 
which  the  senator  from  South  Carolina  (Mr.  Calhoun),  con 
siders  as*  low,  or  lower,  than  the  hard  money  standard.  Here 
we  are  without  credit,  because  no  man  for  the  prosecution  of 
his  necessary  business,  can  procure  a  loan  from  the  banks. 
They  are  now  in  that  state  of  exhaustion  which  is  the  inevita 
ble  consequence  of  their  former  highly  excited  action.  The 
case  which  senators  supposed  might  exist  should  we  suddenly 
adopt  a  hard  money  currency,  exists  already.  It  is  now  fact, 
and  not  fancy.  The  man  who  purchased  a  property  but  one 
year  ago,  in  the  days  of  the  highest  expansion,  for  two  thou 
sand  dollars,  and  paid  half  the  purchase-money  upon  it,  could 
at  this  moment  of  depression,  scarcely  sell  it  for  the  remaining 
one  thousand  dollars.  This  is  one  of  the  greatest  evils  of  our 
present  ever-changing  system  ;  but,  such  things  must  recur 
and  recur  again  for  ever,  unless  some  efficient  remedy  shall  be 
applied." 

This  triumphant  reply  to  the  special  pleading  and  sophistry 
of  Mr.  Davis,  was  not  the  last  compliment  Mr.  Buchanan  paid 
that  individual  for  his  attack  upon  him.  The  matter  would 
not  have  been  of  so  much  consequence,  had  it  not  been  that  it 
was  just  previous  to  a  presidential  election,  and  the  charge  of 
the  administration  being  in  favor  of  "  low  wages,"  was  likely  to 
be  used  with  some  advantage  as  an  electioneering  cry  in  the 
contest.  Mr.  Davis,  in  his  reply  to  Mr.  Buchanan,  insisted 
upon  the  most  unreasonable  and  outrageous  interpretation  to 
his  remarks.  The  enemies  to  the  Independent  Treasury  had 
used  as  their  principal  argument  against  it,  "  that  it  would 
reduce  the  wages  of  labor."  The  answer  to  this  was,  "no,  it 
will  not  have  such  an  effect.  It  will  give  labor  a  much  better 


306  LIFE   AND    SEKVICES   OF   JAMES    BUCHANAN. 

reward  than  formerly,  but  should,  perchance,  the  nominal  stand 
ard  of  wages  be  reduced  below  what  it  is  when  everything,  as 
during  a  bank  expansion,  is  at  speculative  prices,  still  the  real 
reward  of  labor  will  not  be  reduced.  This  is  the  argument  on 
both  sides  in  a  nutshell,  and  yet  because  the  friends  of  the 
administration  allowed  that  prices  of  all  things  would  be  less 
when  there  were  no  bank-expansions  than  when  there  were, 
they  were  charged  with  being  in  favor  of  "  low  wages." 

Mr.  Buchanan  showed  that  the  laboring  man  was  never 
benefited  by  extravagant  speculation.  Said  Mr.  B.,  "  It  brings 
to  him  nothing  but  unmitigated  evil,  because  the  increased 
prices  which  he  is  compelled  to  pay  for  the  necessaries  and 
comforts  of  life,  counterbalance,  and  more  than  counterbal 
ance,  this  advantage.  What  he  desires  is  regularity  and  sta 
bility  in  the  business  of  the  country."  But  what  made  the 
offence  of  Mr.  Davis  more  palpable  and  condemnatory,  was  the 
fact,  that  after  Mr.  Buchanan  had  replied  and  disavowed  any 
such  sentiments  as  had  been  attributed  to  him,  he  refused  to 
make  the  amende  honorable,  and  still  continued  his  pettifogging 
play  upon  words.  Referring  to  this,  in  his  last  reply  to  Mr. 
Davis,  Mr.  Buchanan,  who  rarely  becomes  excited,  and  must 
be  very  grossly  wronged  before  he  would  speak  in  terms  of 
denunciation  of  any  one,  said  :  "  But  when  the  senator  thought 
proper  to  treat  my  complaints  with  scorn  and  contempt,  which 
he  said  they  deserved,  I  believed  it  to  be  a  duty  which  I  owed 
to  myself  to  hurl  back  his  defiance,  and  he  may  make  the  most 
of  it." 

The  good  use  to  which  it  was  supposed  this  wholesale  fabri 
cation  could  be  put  in  the  coming  presidential  election  was 
doubtless  the  reason  which  induced  the  opponents  of  the  ad 
ministration  to  adhere  to  it  so  tenaciously.  The  cry  doubtless 
did  have  some  effect,  and  it  is  a  lamentable  evidence  of  the 
malevolence  of  party  spirit  that  although  the  independent 
treasury  upon  which  Mr.  Buchanan's  arguments  were  founded 
has  been  ten  years  in  operation,  and  every  one  of  his  positions 


"."'/'*       ELECTION   OF    GEN.  HARRISON.  307 

have  been  ratified  by  time  and  experience,  yet  there  are  now 
found,  unfortunately  for  the  credit  of  human  nature,  persons 
who  give  this  slander  either  a  direct  or  partial  endorsement. 

And  here  it  is  hjit  proper  to  refer  to  Mr.  Buchanan's  conduct 
while  smarting  under  the  gross  wrong  which  had  been  done 
him  by  Mr.  Davis.  While  most  men  would  have  denounced  Mr. 
Davis  in  language  such  as  his  conduct  really  deserved.  Mr. 
Buchanan  remembering  his  place  and  position,  and  that  the 
Senate  was  not  the  arena  for  personalities,  avoided  all  severe 
denunciations.  The  strongest  remark  of  a  personal  character 
which  he  indulged  in  was  to  say  "that  Mr.  Davis  was  unworthy 
of  the  courtesy  which  one  gentleman  owes  to  another,"  and  con 
tinued  Mr.  Buchanan,  "I  ask  the  pardon  of  every  other  mem 
ber  of  the  Senate  for  using  such  an  expression."  Considering 
the  character  of  the  assault  upon  him,  this  language  may  be 
considered  unusually  mild.  Mr.  Buchanan  was  always  a  reso 
lute  opponent  of  every  thing  like  personality  in  the  Senate, 
considering  and  justly,  too,  that  individuals  who  are  privileged 
by  law,  and  have  only  their  honor  to  restrain  them  in  their  lan 
guage,  should  be  the  last  to  abuse  that  freedom  of  speech 
granted  to  them  for  the  good  of  their  country  and  the  safety 
of  its  institutions. 
,  -•• 

We  have  now  given  an  account  of  the  principal  debate  of 
this  session,  but  it  comprises  only  a  small  portion  of  the  actual 
discussion  which  occurred.  Besides  the  speeches  which  Mr. 
Buchanan  delivered  on  the  Independent  Treasury  bill,  he  took 
part  in  an  animated  debate  upon  the  circulation  of  small  notes,  the 
expenditures  of  the  government,  etc.  The  stormy  session,  how 
ever,  came  to  a  close  upon  the  30th  of  June  in  the  midst  of 
the  most  remarkable  presidential  contest  that  our  country  has 
ever  experienced.  When  the  next  session  of  this  Congress 
assembled  on  the  7th  of  December,  1840,  the  whirlwind  had 
spent  its  force  ;  the  misrepresentations  and  abuse  of  the  democracy 
which  had  been  accumulating  for  years,  had  effected  their  pur- 


308  LIFE  AND  SERVICES   OF  JAMES 

pose.  General  Harrison  had  been  elected  and  the  democratic 
party  was  temporarily  prostrated,  not  by  the  strength  of  its 
foes,  but  paradoxical  as  it  may  seem,  by  the  very  weakness  of  its 
enemies. 

The  second  session  of  the  twenty-sixth  Congress  was  not  an 
important  one.  The  democracy  were  confounded  but  not  dis 
mayed  ;  astonished  but  not  overcome,  confident  that  it  was 
but  a  freak  of  the  popular  will  which  "the  sober  second 
thought,"  as  Mr.  Buchanan  announced  in  the  early  part  of  the 
session,  would  soon  set  right.  The  most  important  bill  brought 
up  at  this  session  was  the  proscription  desired  to  be  applied 
to  foreigners  in  regard  to  the  pre-emption  right  to  public  lands. 
Mr.  Buchanan  was  again  compelled  to  come  to  the  rescue.  He 
said,  "  he  could  not  understand  the  opposition  which  had  been 
manifested  in  certain  quarters  to  foreigners,  who  sought  a 
refuge  and  a  home  in  our  country.  Had  they  not  materially 
assisted  in  achieving  our  independence  ?  In  the  days  of  the 
revolution  no  such  jealousy  was  felt  towards  the  brave  Irish 
men,  Frenchmen,  and  Germans,  who  side  by  side  with  our  na 
tural  citizens  had  fought  the  battles  of  liberty.  On  the  contrary 
he  had  no  doubt,  it  was  from  a  grateful  sense  of  their  services, 
that  it  had  ever  been  the  settled  policy  of  our  government  to 
allow  them  to  purchase  our  vacant  lands  upon  the  same  terms 
with  American  citizens." 

The  well  known  fact,  however,  that  the  next  Congress  was 
whig,  prevented  any  important  legislation  by  the  party  now  in 
power.  The  democrats  were  more  anxious  to  see  the  inaugura 
tion  of  the  measures  of  the  new  administration  than  to  present 
any  of  their  own.  Hence  the  debates  usually  run  either  into 
a  review  of  the  past  or  speculations  in  regard  to  the  future. 
There  was  a  man  whom  Mr.  Buchanan  never  would  hear  aspersed 
without  coming  to  his  rescue.  The  day  had  not  then  passed 
when  men  hoped  to  make  something  by  attacking  Gen.  Jack 
son.  In  reply  to  some  remarks  by  a  distinguished  senator,  Mr. 
Buchanan  said  :  "  Gen.  Jackson  has  now  retired  to  the  hermi- 


SECOND   SESSION   OF  TWENTY-SIXTH  CONGRESS         309 

tage,  and  may  perhaps  live  to  have  the  judgment  of  posterity 
as  it  were  passed  upon  him.  He  was  an  able,  sagacious  and 
truly  patriotic  man  ;  and  I  now  say  that  those  of  us,  if  there 
be  any  such,  who  shall  survive  during  a  quarter  of  a  century 
longer,  will  live  to  see  the  day  when  Jackson's  name  and  fame 
shall  be  cherished  alike  by  persons  of  all  political  parties." 
Mr.  Buchanan  was  only  mistaken  in  one  thing,  his  prediction 
has  become  true  much  sooner  than  he  anticipated. 

This  Congress  was  brought  to  a  close  with  4th  of  March, 
184-1,  when  Gen.  Harrison  was  duly  inaugurated  President  of 
the  United  States. 


310  LIFE  AND   SERVICES    OF   JAMES   BUCHANAN. 


CHAPTER    XVII 

An  Extra  Session  of  Congress  called— Death  of  Gen.  Harrison— Accession  of  John 
Tyler — The  Fiscal  Bank — The  Fiscal  Corporation — Mr.  Buchanan's  Speeches  on  these 
Measures— Mr.  Clay's  Reply— Mr.  Buchanan's  Rejoinder. 

ALMOST  immediately  after  the  accession  of  Gen.  Harrison  to 
the  Presidential  chair,  he  issued  a  proclamation  convoking  Con- 
gres,  to  meet  in  the  extra  session  on  the  31st  day  of  May  ensu 
ing.  Before,  however,  that  period  arrived,  death  had  removed 
him  from  the  scene  of  his  duties,  and  for  the  first  time  in  our 
history  a  President  had  deceased  during  the  term  of  his  office. 
Mr.  John  Tyler,  who  had  been  elected  Vice  President,  accord 
ing  to  the  Constitution,  now  became  acting  Chief  Magistrate. 
The  decree  which  had  already  gone  forth  for  an  extra  session 
was  not  annulled  by  Gen.  Harrison's  successor,  and  accordingly 
Congress  convened  on  the  day  designated.  Among  the  names 
on  the  roil  of  the  Senate  at  this  session,  were  those  of  Franklin 
Pierce,  Rufus  Choate,  Silas  Wright,  W.  C.  Rives,  John  C.  Cal- 
houn,  Henry  Clay,  and  Thomas  H.  Benton.  In  the  House  were 
Robert  C.  Winthrop,  John  Quincy  Adams,  Millard  Fillmore, 
Henry  A.  Wise,  Fernando  Wood,  Aaron  Ward,  Linn  Boyd,  and. 
Wm.  0.  Butler. 

The  very  first  measure  the  new  party  introduced  was  a  bill 
for  the  repeal  of  the  Independent  Treasury.  This  was  the 
special  object  of  hatred,  as  it  stood  in  the  way  of  the  establish 
ment  of  a  national  bank,  a  brilliant  scheme  for  which  Mr.  Clay 
already  had  in  preparation.  Nothing  could  resist  the  proposed 
repeal,  for  a  triumphant  majority  in  both  houses  of  Congress 


THE   FISCAL   BANK.  311 

demanded  it.  The  democracy  resisted  it  with  all  their  might, 
but  the  effort  was  as  useless  as  their  exertions  to  re-elect  Mr. 
Van  Buren  had  been  powerless.  It  was,  indeed,  a  dark  day. 
Were  all  the  beneficent  reforms  which  Gen.  Jackson  had 
labored  so  long  to  accomplish  to  be  swept  away  in  a  moment  ? 
Were  the  banks  and  the  government  which  had  been  united  by 
Hamilton,  and  divorced  by  Jackson  and  Van  Buren  to  be 
reunited,  and  a  new  national  bank  be  formed  even  before  the 
injurious  effects  of  the  old  one  had  passed  away?  It  did  seem, 
indeed,  that  the  severe  labors  of  twelve  long  years  were  thus  to 
be  rendered  useless  in  one  short  session.  But  such  was  not  the 
fact.  What  has  been  called  the  treachery  of  John  Tyler  by 
some,  and  his  patriotism  by  others,  prevented  these  disastrous 
results. 

Mr.  Clay,  in  the  early  part  of  the  session,  presented  his  plan 
of  a  "  Fiscal  Bank."  In  detail  it  was  somewhat  different  from 
former  national  banks,  though  in  principle  no  wise  dissimilar. 
As  Mr.  Silas  Wright  had  been  the  chosen  champion  of  the  de 
mocracy  in  presenting  and  carrying  through  the  Independent 
Treasury  bill,  so  was  Mr.  Buchanan  honored  with  a  like  position 
in  combating  upon  the  floor  of  the  Senate  the  great  measure 
upon  which  Mr.  Clay  had  staked  we  may  almost  say  the 
existence  of  his  party  and  his  reputation  as  a  statesman.  No 
one  will  deny  that  Mr.  Buchanan  did  not  have  a  bold,  a  skillful 
and  powerful  antagonist.  But  he  was  as  honorable,  as  bold, 
and  as  chivalric  in  victory  as  resigned  in  defeat.  Whatever 
may  be  said  of  the  old  whig  party,  it  had  noble  and  honorable 
leaders,  who  despised  personalities,  and  who,  if  fall  they  must, 
would  do  so  on  the  field  of  manly  warfare.  The  names  of  Clay 
and  Webster  will  ever  be  the  synonyms  of  all  that  was  digni 
fied  in  debate,  noble  in  spirit  or  generous  in  personal  conduct. 
To  the  democracy  they  were  "  foemen  worthy  of  their  steel." 
The  whole  range  of  parliamentary  debates  scarcely  furnishes  a 
parallel  to  the  conduct  of  Mr.  Clay  in  this,  in  more  than  one  re 
spect,  extraordinary  session.  For  years  he  had  been  contend- 


812  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

ing  for  the  establishment  of  a  national  bank,  and  no  one  will 
dare  to  ascribe  to  him  any  improper  motives  as  an  excuse  for 
his  conduct.  He  undoubtedly  sincerely  believed  that  such  an 
institution  would  be  an  important  and  valuable  agent  in  the 
financial  transactions  of  the  government.  He  looked  to  the 
success  of  Gen.  Harrison  as  the  realization  of  his  hopes.  His 
brilliant  imagination  had  pictured  to  itself  his  dream  as  already 
accomplished,  and  when  his  favorite  measure  had  been  sanc 
tioned  by  Congress,  lo  !  it  was  arrested  by  the  power  of  one 
man,  and  that  man  the  chosen  elect  of  his  own  party  !  Could 
anything  be  imagined  more  chafing  to  the  feelings  of  a  man 
honest  in  his  desires  to  serve  his  country  ?  Yet  no  ungentle- 
manly  harshness,  no  unparliamentary  language  escaped  the  lips 
of  this  great  man,  but  in  the  very  period  of  chagrin  and  morti 
fication  he  made  a  speech,  unequalled  for  wit  and  humor. 

Mr.  Buchanan's  great  speech  on  the  Fiscal  Bank  was  deliver 
ed  on  the  7th  day  of  July,  1841.  We  regret  that  the  limits 
of  this  volume  will  not  permit  us  to  give  it  in  full.  We  shall 
be  compelled  to  confine  ourselves  to  a  few  extracts  from  it,  and 
give  instead  the  greater  part  of  his  reply  to  Mr.  Archer  of  Vir 
ginia,  where  he  presents  the  arguments  of  his  main  speech  in  a 
less  detailed  form.  In  noticing  the  constitutional  power  to  pass 
the  bill  he  said : 

"  The  principle  of  constitutional  construction  which  would 
here  deduce  the  power  to  establish  a  bank  of  the  United  States 
from  the  source  where  it  is  said  to  exist,  would  break  down  all 
the  barriers  erected  by  our  fathers  between  federal  and  State 
authority.  If  you  can  infer  this  power  from  the  simple  power 
of  taxation  in  the  Constitution,  I  ask  what  other  power  which 
you  may  desire  to  exercise  may  not  be  inferred  from  that  of 
some  other  clause  ?  An  ingenious  man  might  thus  fasten  any 
power  which  Congress  or  the  President  may  desire  to  exercise, 
on  some  one  of  the  express  grants  contained  in  the  Constitution. 
But  the  incident  cannot  transcend  its  principle — the  stream 


SPEECH    ON   THE   FISCAL    BANK.  313 

cannot  ascend  higher  than  the  fountain  ;  and  upon  the  mere 
power  of  levying  the  taxes  necessary  to  support  an  economical 
government,  you  can  never  erect  a  vast  corporation  to  over 
shadow  the  whole  land,  and,  if  not  in  form,  yet  in  substance,  to 
change  the  character  of  all  our  institutions.  Never,  never  can 
you  fairly  infer  the  existence  of  the  power  to  create  a  bank 
from  that  of  the  power  to  levy  and  collect  taxes." 

Mr.  Buchanan,  after  going  into  a  detailed  explanation  of  the 
institution  proposed  to,  be  established,  summed  up  its  principal 
features  as  follows  : 

"  Then  sir,  that  is  the  real  government  bank  ;  the  directors 
controlled  by  the  government,  the  greater  portion  of  the  stock 
held  by  the  government,  the  surplus  profits,  if  any,  given  to 
the  government,  and  the  most  profitable  business  of  the  bank 
founded  on  the  use  of  the  money  of  the  government.  And 
why  should  such  a  charter  have  been  offered  to  Congress  by 
the  secretary  of  the  treasury  department  ?  I  shall  not  say 
that  it  was  concocted* there  for  the  express  purpose  of  erecting 
a  mere  engine  or  instrument  of  political  power  ;  but  if  Talley 
rand  himself  had  been  a  great  financier  as  he  was  a  diplomatist, 
he  could  not  have  desired  a  charter  more  completely  adapted 
to  effect  this  purpose  than  the  bill  now  before  us  presents.  The 
influence  of  this  machine,  located  at  Washington  under  the  eye 
of  the  government,  will  be  felt  everywhere  throughout  the  Union." 

One  argument  used  in  favor  of  a  national  bank  was,  that 
other  nations  had  these  institutions.  In  reply  to  this,  Mr. 
Buchanan  eloquently  remarked  : 

"  Sir,  other  nations  have  emperors  and  kings,  and  titles  of 
nobility,  and  established  churches,  as  well  as  national  banks  ; 
but  is  that  any  reason  why  the  people  of  the  United  States 
should  abandon  their  republican  principles  and  imitate  those 

U 


314        LIFE  AND  SERVICES  OF  JAMES  BUCHANAN. 

• 

foreign  forms  of  government  ?  Although  the  senator  from 
Kentucky  (Mr.  Clay)  may  not,  and  I  believe  does  not,  desire 
such  a  change,  yet  he  may  virtually  accomplish  it  much 
sooner  than  he  anticipates.  If  he  can  create  this  great  national 
bank,  and  ally  it  with  the  government  in  Washington  city,  on 
terms  of  the  closest  intimacy,  if  he  can  thus  concentrate  the 
money  power  here,  and  render  its  interest  identical  with  that 
of  the  political  power,  he  may  succeed  in  establishing  for  this 
country,  not  a  monarchy,  but  the  very  worst  form  of  govern 
ment  with  which  mankind  has  ever  been  cursed.  A  hereditary 
aristocracy  has  acquired  this  infamous  pre-eminence,  but  the 
government  of  a  moneyed  aristocracy  would,  if  possible,  be 
still  worse.  From  interest  and  from  habit,  a  landed  aristoc 
racy  has  always  cherished  some  feelings  of  kindness  for  the 
people  ;  but  an  upstart  moneyed  aristocracy  has  no  heart  to 
feel  for  them,  no  desire  to  promote  their  welfare.  It  looks 
upon  mankind  as  mere  laboring  machines  for  its  own  benefit. 
It  never  indulges  in  those  kindly  and  Christian  sympathies, 
which  make  us  feel  that  all  men  are  alike  created  in  the  image 
of  their  Maker,  and  are  brethren.  This  is  a  kind  of  govern 
ment  that  may  be  established  by  an  intimate  union  of  the 
political  with  the  money  power.  We  may  approach  nearer  to 
the  government  of  the  old  world  by  establishing  this  bank  than 
the  senator  or  any  of  his  friends  imagine.  If  this  should  be 
the  case,  corruption  will  insinuate  itself  into  the  sinews  and 
nerves,  and  very  vitals  of  the  body  politic.  The  people  will 
still  attend  the  elections,  and  be  flattered  with  the  idea  that 
they  still  enjoy  all  their  liberties,  while  a  secret,  controlling, 
all-pervading  influence  would  direct  their  conduct.  The  corpse 
of  a  free  government  would  then  only  remain,  whilst  the  ani 
mating  spirit  had  fled  forever.  But  I  do  not  myself  indulge  in 
these  gloomy  forebodings.  I  am  not  afraid  that  this  bank  will 
ever  be  established  ;  and  if  ever  it  should,  the  people  of  this 
country  will  pursue  it  with  a  steady  vigilance,  which  will  never 
tire  until  they  accomplish  its  destruction." 


HIS    REPLY    TO    MR.  ARCHER.  315 

Such  was  the  concluding  portion  of  Mr.  Buchanan's  speech 
upon  the  "  Fiscal  Bank."  The  arguments  he  had  presented 
were  unanswerable,  but  the  decree  had  gone  forth,  and  the  bill 
was  passed.  Mr.  Tyler,  however,  threw  himself  in  the  way  of 
its  becoming  a  law,  and  interposed  the  executive  veto.  Then  a 
new  and  similar  measure  was  devised,  called  the  Fiscal  Cor 
poration,  and  upon  that  Mr.  Buchanan  delivered  the  following 
able  speech,  in  reply  to  Mr.  Archer,  of  Virginia  : 

"  The  senator  from  Virginia  concluded  his  remarks  by  telling 
us  .that  the  whig  party  had  done  a  great  deal  at  this  extra  ses 
sion.  I  admit  they  have  done  much,  and  they  have  done  one 
thing  for  which  the  country  ought  to  be  grateful — they  have 
done  for  themselves  (a  laugh).  The  gentleman  quoted  to  us, 
on  the  subject  of  our  abstractions,  a  couplet  from  Hudibras  ; 
but  he  stopped  with  the  two  first  lines.  Let  me  supply  the 
couplet  immediately  following,  which  the  senator  did  not  quote, 
but  which  I  think,  applies  quite  as  well  to  the  pretended  dif 
ference  between  the  present  bill  and  that  which  the  President 
has  returned  to  us  with  his  veto  : 

*  What  mighty  difference  can  there  be 
'Twixt  tweedle-dum  and  tweedle-dee  ?' 

"Before  I  conclude,  I  think  I  shall  be  able  to  show,  that  if 
the  President  would  have  deserved  the  condemnation  of  all 
honest  men,  had  he  approved  the  bill  to  establish  a  fiscal 
bank  ;  having  rejected  that,  he  will  deserve  not  only  the  con 
demnation,  but  the  contempt  and  ridicule  of  all  mankind  if  he 
shall  sign  the  bill  to  create  this  '  fiscal  corporation/  But,  while 
I  express  this  opinion,  I  do  not  desire  or  intend  to  say  any 
thing  which  shall  wound  the  feelings  of  my  honorable  friend 
from  Virginia  (Mr.  Archer),  for  I  can  in  all  truth  and  sincerity 
declare,  that  if  there  is  such  a  thing  in  the  entire  world  of  poli 
tics  as  an  honest  man  (and  I  doubt  not  there  are  many),  I  be 
lieve  my  friend  is  that  man.  I  think,  indeed,  that  he  has  by 


31€  UFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

some  means  got  himself  involved  in  a  strange  delusion  ;  bnt  if 
he  has  changed  his  opinion,  I  am  certainly  not  to  blame  for 
not  changing  mine. 

"  I  desire  to  say  a  few  things  concerning  this  bank,  before 
execution  shall  have  been  done  upon  it  either  by  the  President 
or  the  Senate  ;  for  I  believe  no  human  being  anticipates  that 
such  a  thing  as  the  present  bill  will  ever  become  the  law  of  the 
land.  I  believe  further,  that  if  all  hearts  here  could  be- 
searched,  it  would  be  found  that  this  bill  is  not  what  gentlemen 
on  either  side  desire. 

"  A  word  or  two  as  to  the  constitutional  argument  of  tjie 
senator  from  Virginia.  If  I  rightly  apprehend  the  position  he 
took,  his  character  as  a  State  rights  man  is  gone  forever.  The 
senator  from  South  Carolina  (Mr.  Calhoun)  need  now  no  longer 
apprehend  anything  from  the  senator's  competing  with  him  for 
the  palm.  He  has  avowed  himself  a  consolidationist,  and  one 
of  the  most  thorough-going  of  the  sect.  The  senator  says  that 
the  government  of  the  United  States  has  a  right  to  purchase 
bills  of  exchange  ;  that  it  may,  if  it  pleases,  instead  of  '  wagon 
ing'  the  specie  (to  use  the  senator's  phrase)  to  the  head  waters 
of  the  Missouri  or  Mississippi,  purchase  a  bfll  which  will  accom 
plish  the  same  purpose.  Undoubtedly  it  may;  though  in  prac 
tice,  this  is  rarely,  if  ever,  done.  There  is  not  the  least  diffi 
culty  in  the  government's  transferring  its  funds  to  our  extreme 
western  frontier  ;  because  even  the  very  Indians  will  accept  a 
government  bill  drawn  on  New  York,  and  would  prefer  it  to 
specie,  knowing  that  it  can  be  sold  at  a  premium  anywhere  in 
the  far  west  for  gold  and  silver.  As  the  next  step  in  his  argu 
ment,  the  senator  tells  us  that  it  is  perfectly  incontrovertible 
that,  having  the  right  over  a  part,  the  government  must  have  a 
right  over  the  whole ;  that  if  it  possesses  the  power,  it  pos 
sesses  the  whole  power  ;  that  a  constitutional  power  cannot  be 
broken  into  fragments ;  but  if  the  power  be  given  at  all,  the 
whole  power  must  be  given.  And  so,  because  government  may 
purchase  a  bfll  of  exchange  to  discharge  its  obligations  on  the 


HIS    EEPLT    TO    MR.   ARCHER.  317 

western  frontier,  it  can  therefore  set  up  a  bank  of  exchange, 
with  a  capital  of  fifty  millions  of  dollars,  and  confer  on  it  the 
power  of  dealing  in  bills,  not  only  for  the  purposes  of  govern 
ment,  but  for  the  use  of  all  the  people  of  this  country  !  A  pro 
position  like  this  needs  only  to  be  stated.  The  men  who 
framed  the  Constitution  of  the  United  States  were  jealous  of 
federal  power,  and  they  dealt  it  out  to  Congress  with  a  parsi 
monious  hand.  What  do  they  say  in  the  Constitution  ?  Any 
thing  which  gives  the  slightest  sanction  to  the  senator's  doc 
trine  ?  Not  at  all.  The  power  to  transfer  the  public  funds 
from  one  part  of  the  country  to  another,  by  bills  of  exchange,  is 
palpable.  Nobody  denies  it.  But  that  it  should  follow,  as  a 
necessary  inference,  that  it  has  power  to  deal  in  exchange  to 
every  extent ;  to  buy  and  sell  foreign  bills  between  this  country 
and  Europe,  and  bills  between  State  and  State,  in  which  it  has 
no  interest,  is  a  position  such  as  I  never  heard,  in  all  my  life, 
from  the  greatest  and  most  avowed  consolidationist.  Why,  at 
this  rate,  an  ingenious  expositor  may  make  the  Constitution 
mean  anything  or  nothing.  But  there  is  no  foundation  for  any 
construction  or  inference  in  the  case.  The  United  State?  may 
confessedly  buy  and  sell  bills  of  exchange  as  a  means  of  trans 
ferring  its  funds ;  this  it  has  done  uninterruptedly  and  without 
objection,  for  the  past  fifty  years.  But  before  my  astute  and 
very  ingenious  friend  from  Virginia  made  the  discovery,  I 
believe  it  never  was  dreamed  of  that  such  a  simple  power  as 
this  laid  a  foundation  for  the  erection  of  our  immense  bank  of 
exchange. 

*  *  *  *  *  * 

"  There  is  a  striking  difference  between  the  two  bills  (the 
Fiscal  Bank  and  the  Fiscal  Corporation).  The  former  bill 
went  on  the  presumption  that  members  of  Congress  are  men  of 
mortal  mould  ;  that  they  possess  the  same  passions  and  the 
same  frailties  as  other  men  ;  that  they  are  neither  better  nor 
worse  than  their  fellow  citizens  ;.and  that,  as  depended  upon 
the  vote  of  the  two  Houses  of  Congress  whether  proceedings 


318  LIFE    AND    SERVICES    OF    JAMES    BUCHANAN. 

should  be  instituted  to  forfeit  its  charter  in  case  it  were  vio 
lated,  they  ought  not  to  have  any  accommodations  from  the 
bank,  lest  they  might  thus  be  swerved  from  their  integrity  of 
purpose.  This,  to  be  sure,  was  a  very  severe  restriction, 
because  gentlemen  may  desire,  like  some  of  their  predecessors, 
to  form  another  congressional  land  company,  and  it  might  be 
very  convenient  to  obtain  money  on  kiteflying  bills,  as  some  of 
their  predecessors  had  done.  Under  similar  circumstances,  it 
would  certainly  be  a  very  convenient  matter  for  a  member  of 
Congress  to  fly  a  kite  as  far  as  Baltimore  for  ten  or  twenty 
thousand  dollars,  and  no  doubt  he  would  find  the  bank 
extremely  accommodating.  Another  advantage  is,  that  if  he 
should  not  be  able  to  pay  at  maturity,  there  is  not  the  least 
danger  that  he  will  be  ever  publicly  exposed.  I  believe  it  is  a 
rule  in  love  never  to  kiss  and  tell,  and  this  rule  has  been  most 
pertinaciously  observed  by  the  old  corrupt  and  rotten  Bank  of 
the  United  States.  If  that  bank  accommodated  members  of 
Congress — and  we  know  it  did,  to  an  immense  amount — it  has 
always  refused  to  give  up  their  names.  The  tears  and  the 
groans  of  the  widows  and  orphans  whom  it  has  ruined  have 
ascended  to  heaven,  and  accused  its  directors.  These  directors 
have  been  changed  again  and  again,  but  still  they  have  kept 
the  secret.  No  resolves  and  no  efforts  of  this  body,  or  of  the 
other  House,  have  ever  been  able  to  extort  it  from  them. 
There  is  among  the  secret  arcana  of  that  bank  a  document 
known  by  the  name  of  the  '  suspended  list/  which,  if  ever  pub 
lished,  would  give  the  information  ;  but  every  human  being 
who  has  had  access  to  that  paper,  has  most  religiously  kept  the 
secret.  If  they  had  not,  it  may  be  that  men  who  now  hold 
their  heads  very  high,  and  who  occupy  distinguished  stations  in 
the  State,  would  be  covered  with  shame,  and  humbled  in  the 
very  dust.  Could  that  list  be  procured,  it  is  at  least  possible 
that  we  might  learn  how  bank  accommodations  can  be  paid  off 
by  the  transfer  of  lots  in  lithographed  paper  cities,  and  value 
less  western  lands.  Happily  under  this  bill  these  golden  oppor- 


HIS    REPLY   TO   MR.  ARCHER.  319 

*:!',  again  be  afforded,  and  the  wind  will  again  prove 
fair  for  members  of  Congress  to  fly  their  kites  as  well  as  other 
men. 

"  And  here  1st  me  point  ont  something  of  the  working  of  this 
new  patent  machine.  Why,  sir,  to  use  a  western  phrase,  '  it 
will  go  without  greasing,'  there  will  be  no  manner  of  difficulty 
in  the  way.  The  borrower  in  Philadelphia  will,  as  I  told  you, 
draw  his  bill  on  some  far  remote  city  in  another  State — such 
as  Camden,  and  when  his  bill  is  due,  his  bona  fide  correspondent 
in  Camden  can  draw  back  on  him  just  such  another  on  Phila 
delphia,  and  thus,  without  discounting  a  single  promissory  note, 
the  bank  can  lend  more  money  and  make  more  profit  than  if  its 
discounting  power  were  without  restriction.  I  was  really 
astonished  to  hear  the  gentleman  from  Virginia  (Mr.  Archer) 
assert,  whilst  he  denounced  the  power  of  discount  as  being  so 
immense  and  dangerous,  and  so  utterly  inadmissible,  that  this 
other  power  of  dealing  in  exchanges  was  the  most  benign,  the 
most  beneficent,  and  the  most  felicitous  power  that  ever  was 
devised  by  man  and  that  a  bill  which  conferred  it  should,  as  a 
matter  of  course,  unite  in  its  favor  the  vote  of  all  the  Whig 
party.  Then  there  is  the  city  of  New  York  and  Jersey  city. 
If  the  honorable  senator  should,  at  any  time,  want  a  loan,  he 
has  only  to  fly  his  kite  across  the  Hudson  river,  and  he  can 
readily  be  accommodated." 

Mr.  Archer — "  I  never  drew  a  bill  which  had  one  character 
and  asserted  another." 

"  Yes,  but  when  you  establish  a  bank  of  such  a  character  as  this, 
you  must  expect  that  such  consequences  will  follow.  A  bank 
from  which  all  restrictions  are  taken  away,  and  at  whose  coun 
ter  the  whole  speculating  world  is  invited  to  borrow — from 
such  a  bank,  what  else  can  you  expect  ?  It  will  loan  money 
on  bills  of  exchange,  instead  of  loaning  on  promissory  notes, 
and  for  my  soul,  I  cannot  perceive  any  essential  difference 
between  the  two  modes.  The  only  effect  in  thus  changing  the 
form  will  be  to  induce  men  to  commit  fraud.  Instead  of  draw- 


320  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN 

ing  on  real  funds,  they  will  draw  bills  on  places  where  they  have 
nothing  to  answer  them.  They  will  thus  make  their  loans,  and 
the  bank  make  its  profits,  with  this  only  difference — that  they 
have  to  pay  a  little  more  for  their  money,  while  the  bank  will 
receive  a  larger  interest,  in  the  name  of  a  premium,  than  the 
law  would  allow  it  to  take  on  the  discount  of  a  promissory  note. 
I  can  see  that  some  cities — and  cities  of  great  business,  too — 
will  derive  little  benefit  from  this  bill.  Buffalo,  for  example, 
and  Pittsburgh,  will  both  be  in  a  '  bad  fix,'  for  Buffalo  cannot 
draw  on  New  York  ;  nor  Pittsburgh  on  Philadelphia,  and  why  ? 
Because  under  this  wise  bill,  two  cities  in  the  same  State  can 
not  draw  on  each  other.  I  cannot  imagine  how  the  merchants 
who  conduct  the  immense  flour  and  other  business  of  Buffalo 
will  be  able  to  obtain  accommodations,  unless,  indeed,  they  resort 
to  flying  kites  to  the  Canada  shore,  and  they  present  foreign 
bills  to  the  bank  for  discount.  Cincinnati  will  be  well  off, 
because  Newport  is  just  across  the  river,  and  the  drawer  and 
the  acceptor  will  be  almost  within  hail  of  each  other.  This 
machine,  such  as  I  have  described  it,  will  regulate  the  price  of 
every  commodity  in  the  country,  and  it  will  be  done  by  this 
kite-flying  process. 

****** 
"  And  now  I  have  one  word  to  say  on  the  late  presidential 
veto,  and  then  I  shall  have  done.  It  has  been  said  that  John 
Tyler  was  bound  by  the  fidelity  which  he  owed  to  his  party  to 
approve  the  bill  for  a  fiscal  bank.  I  deny  it  altogether,  and 
say  that,  if  he  had  approved  that  bill,  he  would  have  deserved 
to  be  denounced  as  a  self-destroyer,  as  false  to  the  whole  course 
of  his  past  life,  false  to  every  principle  of  honor,  and  false 
to  the  sacred  obligation  of  his  oath  to  support  the  Consti 
tution.  He  had  declared,  again  and  again,  that  such  a  bank 
was  unconstitutional,  and  yet  he  is  denounced  because  he  did 
not  render  himself  infamous  by  an  utter  disregard  of  that 
instrument.  The  President  had  but  one  righteous  course 
before  him,  and  had  he  taken  any  other,  it  would  not"  only  have 


HIS    REPLY    TO    MK.  ARCHER.  321 

blasted  his  own  character,  but  it  would  have  fixea  a  blot  on  the 
history  of  his  country  to  all  future  generations.  How  was  he 
committed  to  sign  a  bill  which  he  believed  to  be  unconstitu 
tional  ?  What  was  the  history  of  the  Harrisburgh  convention  ? 
— and  it  will  be  remembered  that  I  do  not  live  far  from  that 
celebrated  place.  How  was  that  convention  composed  ?  It 
contained,  I  admit,  many  men  of  the  highest  responsibility,  but 
in  a  political  view,  it  was  made  up  '  of  all  nations,  and  people, 
and  kindred,  and  tongues.'  *  Black  spirits  and  white,  blue  spir 
its  and  grey,'  all  mingled  their  counsels  there,  to  attain  a  sin 
gle  end — an  available  candidate  for  the  Presidency.  In  this 
they  succeeded  ;  and  the  result  was,  to  turn  Mr.  Van  Buren 
out,  and  put  themselves  in.  The  infidel  philosopher  Voliiey,  in 
his  celebrated  '  Ruins  of  Empires,'  presents  us  with  an  imagin 
ary  picture  of  an  assemblage,  in  which  all  the  religious  sects  of 
the  earth  were  collected  together,  and  engaged  in  defending 
their  respective  creeds  ;  and  such  a  confusion  ensued  as  might 
put  to  shame  that  at  the  tower  of  Babel.  Just  so  would  it 
have  been  at  Harrisburg,  if  they  had  attempted  to  discuss  any 
political  principles.  There  was  the  abolitionist,  ready  to  call 
down  fire  from  Heaven  to  annihilate  slavery  from  the  face  of 
the  earth  ;  and  side  by  side  with  him  sat  the  honorable  and 
high-spirited  Southern  slaveholder.  There  was  the  anti-mason, 
whose  motto  was,  '  destruction  to  all  secret  societies,'  mingling  in 
sweet  communion  with  the  bank  director,  who,  with  the  fidelity 
of  a  vestal,  had  preserved  the  secrets  of  his  prison-house. 
There  was  the  consolidationist,  holding,  as  my  friend  from 
Virginia  does,  that  the  mere  power  to  buy  a  bill  of 
exchange,  vested  in  Congress  the  power  to  create  an  exchange 
bank  ;  while  hand  and  hand  with  him  we  might  see  the  tight- 
laced  strict  coustructionist,  who  will  not  allow  the  government 
power  to  do  anything.  In  that  one  motley  assembly  were 
to  be  seen  all  colors  and  all  shades  of  political  opinion 
From  absolute  necessity,  not  from  choice,  they  were  compelled 
to  abstain  from  making  any  public  declaration  of  their  prin- 

14* 


322  LIFE   AND    SEEYICES    OF   JAMES    BUCHANAN. 

ciples.  Now,  if  John  Tyler  had  a  right  to  infer  anything  from 
the  proceedings  of  that  body,  it  was  that  he  would  be  at  liberty 
to  oppose  a  bank  of  the  United  States.  Certain  leaders  of  that 
convention  were,  it  is  true,  in  favor  of  a  bank  ;  but,  while  the 
convention,  as  a  body,  selected  well  known  anti-bank  men  as 
their  chosen  candidates  for  the  Presidency  and  Vice- Presidency, 
were  those  candidates  to  infer  that  they  must  change  all  their 
opinions  and  become  bank  men  ?  Sir,  I  deplored  the  death  of 
General  Harrison,  from  the  deep  respect  I  entertained  for  his 
name  and  character,  however  much  I  may  have  differed  from 
his  political  principles.  But  General  Harrison  was,  par  excel 
lence,  an  anti-bank  man.  All  his  public  declarations,  up  to  the 
very  moment  of  the  election,  established  this  fact.  Nay,  more, 
we  who  have  been  denounced  as  the  loco-foco,  barn-burning, 
agrarian  portion  of  our  party,  because  we  assert  the  constitu 
tional  right  to  repeal  a  public  corporation  intrusted  with  the 
sovereign  power  of  managing  the  finances  of  the  country,  when 
the  public  interest  demands  it,  may  claim  him  as  a  brother  in 
the  faith  ;  for  when  a  resolution  was  introduced  in  the  House, 
in  1819,  to  repeal  at  a  single  blow  the  charter  of  the  late 
bank,  he  voted  in  its  favor  ;  and  as  to  John  Tyler,  he  has  so 
often  declared  himself  against  a  Bank  of  the  United  States, 
that  there  is  no  need  I  should  specially  refer  any  gentleman 
to  his  opinion  on  that  subject.  There  they  both  were,  holding 
these  opinions,  and  having  only  avowed  them  ;  and  it  is  utterly 
impossible  that  the  members  of  this  convention  should  have  been 
ignorant  of  the  fact.  The  convention,  then,  made  no  avowal 
of  its  principles,  and  what  was  the  voice  of  the  people  ?  I  can 
truly  say  that,  during  the  whole  election  campaign,  I  never  saw 
one  single  resolution  in  favor  of  a  national  bank,  which  had 
been  passed  by  any  whig  meeting  in  any  part  of  the  coun 
try. 

*  *  *  *  *  #  * 

"  I  say  that  President  Tyler  could  not  have  done  otherwise 
than  veto  that  bill,  if  he  wished  to  preserve  his  character  as  an 


HIS    REPLY    TO    ME.  ARCHER.  323 

honest  man.  He  must  have  done  it  from  necessity,  if  not  from 
choice.  He  could  not  have  approved  and  signed  that  bill  with 
out  exhibiting  to  the  American  people  the  disgraceful  spectacle 
of  a  high  public  officer  contradicting  all  the  professions  of  his 
past  life,  and  giving  the  lie  to  all  his  own  often-avowed  princi 
ples.  A  rumor  exists,  we  have  been  told  on  this  floor,  that  the 
veto  was  given  against  the  unanimous  opinion  of  the  cabinet. 
And  suppose  it  was,  who  is  responsible  to  the  people  of  the 
United  States  for  conducting  the  government  ?  Is  it  not  the 
President  ?  Undoubtedly  he  ought  to  consult  the  opinions  of 
the  cabinet ;  but  if  he  and  his  cabinet  cannot  agree  in 
sentiment,  which  is  to  yield — the  cabinet  or  the  President  ? 
Certainly,  according  to  the  theory  of  our  government,  it  is  the 
cabinet.  I  was  glad  to  find  in  the  official  organ  of  the 
administration,  such  good  old-fashioned  democratic  doctrine  as  I 
saw  there  a  few  days  since.  It  is  true  I  was  not,  to  every  ex 
tent,  in  favor  of  '  the  mint ;'  but  I  would  say,  in  behalf  of  the  ar 
ticle  to  which  I  refer,  that  it  is  one  of  the  best  I  have  ever  read, 
and  one  that  would  not  disgrace  the  palmiest  day  of  the  demo 
cratic  administration.  If  the  President  cannot  agree  with  his 
cabinet,  or  if  the  cabinet  cannot  agree  with  the  President,  I  do 
not  say  what  ought  to  be  the  consquences.  I  have  no  feeling  on 
the  subject  ;  it  matters  nothing  to  me  who  are  in,  and  who  are 
out  of  office. 

"  The  senator  from  Kentucky  tells  us  that  he  never  said 
President  Tyler  ought  to  have  resigned,  but  only  that  resigna 
tion  was  one  of  the  alternatives  before  him.  A  President 
resign  I  A  President  who  had  been  but  three  months  in  power 
resign  his  place  1  Why,  sir,  this  is  almost  a  moral  impossibil 
ity,  so  deeply  is  the  love  of  power  rooted  in  the  human  breast. 
No  President  will  ever  think  of  doing  any  such  thing.  In  the 
whole  range  of  history,  I  recollect  but  two  memorable  instances 
of  the  kind  ;  one  was  that  of  the  Roman  emperor  Diocletian, 
and  the  other  of  the  emperor  Charles  V.  The  Roman  emperor, 
you  know,  went  to  raising  cabbages,  as  Mr.  Van  Buren  ii  now 


324:  LIFE    AND    SERVICES    OF    JAMES    BUCHANAN. 

doing  ;  and  Charles  buried  himself  before  he  was  dead — a  very 
fit  emblem  of  the  condition  of  a  President  who  should  resign 
his  office,  that  he  might  suffer  a  bill  for  the  fiscal  bank  to  be 
come  a  law." 

The  happy  conclusion  of  Mr.  Buchanan's  speech  caused  much 
merriment,  and  he  resumed  bis  seat  amid  a  general  laugh.  Mr. 
Clay  immediately  rose  and  replied,  and  in  opening,  referred 
pleasantly  to  Mr.  Buchanan's  attempt  at  wit,  and  advised  the 
senator  from  Pennsylvania,  with  his  permission,  that  his  appro 
priate  province  was  logic  or  grave  debate,  rather  than  wit.  Mr. 
Clay  said,  however,  he  trusted  he  would  be  excused  if  he  should 
happen  while  up,  to  catch  by  contagion,  somewhat  of  the  same 
vein.  Mr.  Clay  then  made  the  following  humorous  speech,  de 
scriptive  of  a  reported  interview  between  some  of  the  democratic 
members  of  Congress  and  President  Tyler,  convulsing,  as  he 
proceeded,  the  Senate  with  laughter  : 

"  An  honorable  senator  from  New  Hampshire  (Mr.  Wood- 
bury)  proposed,  some  days  ago,  a  resolution  of  inquiry  into  cer 
tain  disturbances  which  are  said  to  have  occurred  at  the  presi 
dential  mansion  on  the  night  of  the  memorable  16th  of  August 
last.  If  any  such  proceedings  did  occur,  they  were  certainly 
very  wrong  and  highly  culpable.  The  chief  magistrate,  who 
ever  he  may  be,  should  be  treated  by  every  good  citizen  with 
all  becoming  respect,  if  not  for  his  personal  character,  on  ac 
count  of  the  exalted  office  which  he  holds  for  and  from  the  peo 
ple  ;  and  I  will  here  say  that  I  read  with  great  pleasure  the  acts 
and  resolutions  of  an  early  meeting,  promptly  held  by  the 
orderly  and  respectable  citizens  of  this  metropolis,  in  reference 
to,  and  in  condemnation  of,  these  disturbances.  But,  if  the 
resolution  had  been  adopted,  I  had  intended  to  move  for  the 
appointment  of  a  select  committee,  and  that  the  honorable  sen 
ator  from  New  Hampshire  himself  should  be  placed  at  the 
head  of  it,  with  a  majority  of  his  friends,  and  will  tell  you  why, 


ME.  CLAY'S  REPLY.  325 

Mr.  President.  I  did  hear  that  about  eight  or  nine  o'clock,  on 
the  same  night  of  the  famous  16th  of  August,  there  was  an 
irruption  on  the  President's  house,  of  the  whole  loco-foco  party 
in  Congress,  and  I  did  not  know  but  that  the  alleged  disorder 
might  have  grown  out  of,  or  had  some  connection  with  that  fact. 
(A  laugh.)  I  understand  that  the  whole  party  were  there.  No 
spectacle  I  am  sure  could  have  been  more  supremely  amusing  and 
ridiculous.  If  I  could  have  been  in  a  position  in  which,  without 
being  seen,  I  could  have  witnessed  that  most  extraordinary  reun 
ion,  I  should  have  had  an  enjoyment  which  no  dramatic  perfor 
mance  could  possibly  communicate.  I  think  that  I  can  now  sec 
the  principal  dramatis  persona?  who  figured  in  the  scene. — 
There  stood  the  grave  and  distinguished  senator  from  South 
Carolina." 

Mr.  Calhoun  here  rose,  and  earnestly  insisted  on  explaining  ; 
but  Mr.  Clay  refused  to  be  interrupted  or  to  yield  the 
floor. 

Mr.  Clay  :  "There  I  say,  I  can  imagine  stood  the  senator 
from  South  Carolina — tall,  careworn,  with  furrowed  brow, 
haggard,  and  intensely  gazing,  looking  as  if  he  were  discussing 
the  last  and  newest  abstraction  which  sprung  from  metaphysi 
cian's  brain,  and  muttering  to  himself,  in  half-uttered  sounds  : 
'This  is  indeed  a  real  crisis  !'  (Loud  laughter.)  Then  there 
was  the  senator  from  Alabama  (Mr.  King)  standing  upright 
and  gracefully,  as  if  he  were  ready  to  settle  in  the  most  autho 
ritative  manner  any  question  of  order  or  of  etiquette  that 
might  possibly  arise  between  the  high  assembled  parties  on  that 
new  and  unprecedented  occasion.  Not  far  off  stood  the  honor- 
.  able  senators  from  Arkansas  and  from  Missouri  (Mr.  Sevier  and 
Mr.  Benton)  the  latter  looking  at  the  senator  from  South  Caro 
lina,  with  an  indignant  curl  on  his  lip  and  scorn  in  his  eye,  and 
pointing  his  finger  with  contempt  towards  that  senator  (Mr. 
Calhoun)  whilst  he  said,  or  rather  seemed  to  say  :  '  He  call 
himself  a  statesman  !  why,  he  has  never  even  produced  a  de 
cent  humbug  1 tn  (Shouts  of  laughter.) 


326  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

Mr.  Benton  here  interposed  by  saying  that  the  senator  from 
Missouri  was  not  there. 

Mr  Clay  :  "I  stand  corrected  ;  I  was  only  imagining  what 
you  would  have  said  if  you  had  been  there.  (Renewed  laughter.) 
Then  there  stood  the  senator  from  Georgia  (Mr.  Cuthbert)  con 
ning  over  in  his  mind  on  what  point  he  should  make  his  next 
attack  upon  the  senator  from  Kentucky.  (Laughter.)  On 
yonder  ottoman  reclined  the  other  senator  from  Missouri  on  my 
left  (Mr.  Linn)  indulging,  with  smiles  on  his  face,  in  pleasing 
meditations  on  the  rise,  growth  and  future  power  of  his  new 
colony  of  Oregon.  The  honorable  senator  from  Pennsylvania 
(Mr.  Buchanan)  I  presume  stood  forward  as  spokesman  for  his 
whole  party,  and,  although  I  cannot  pretend  to  imitate  his  well 
known  eloquence,  I  beg  leave  to  make  an  humble  essay  towards 
what  I  presume  to  have  been  the  kind  of  speech  delivered  by 
him  on  that  August  occasion  : 

"  '  May  it  please  your  Excellency  :  A  number  of  your  present 
political  friends,  late  your  political  opponents,  in  company  with 
myself,  have  come  to  deposit  at  your  excellency's  feet  the 
evidences  of  our  loyalty  and  devotion  ;  and  they  have  done  me 
the  honor  to  make  me  the  organ  of  their  sentiments  and  feel 
ings.  We  are  here  more  particularly  to  present  to  your  excel 
lency  our  grateful  and  most  cordial  congratulations  on  your 
rescue  of  the  country  from  a  flagrant  and  alarming  violation  of 
the  Constitution,  by  the  creation  of  a  bank  of  the  United 
States  ;  and  also  our  profound  acknowledgments  for  the  veto, 
by  which  you  have  illustrated  the  wisdom  of  your  administra 
tion,  and  so  greatly  honored  yourself.  And  we  would  dwell 
particularly  on  the  unanswerable  reasons  and  cogent  arguments 
with  which  the  notification  of  the  act  to  the  legislature  has 
been  accompanied.  We  had  been,  ourselves,  struggling  for 
days  and  weeks  to  arrest  the  passage  of  the  bill,  and  to  pre 
vent  the  creation  of  the  monster  to  which  it  gives  birth.  We 
have  expended  all  our  logic,  exerted  all  our  ability,  employed 
all  our  eloquence  ;  but  in  spite  of  all  our  utmost  efforts  the 


EEJOTNDER   TO    MK.  CLAY.  327 

friends  of  your  excellency  in  the  Senate  and  House  of  Repre 
sentatives  proved  too  strong  for  us.  And  we  have  now  come 
most  heartily  to  thank  your  excellency  that  you  have  accom 
plished  for  us  that  against  your  friends  which  we  with  our 
most  strenuous  exertions  were  unable  to  achieve.'  (Roars  of 
laughter. ) 

"  I  hope  the  senator  will  view  with  indulgence  this  effort  to 
represent  him,  although  I  am  but  too  sensible  how  far  it  falls 
short  of  the  merits  of  the  original.  At  all  events  he  will  feel 
that  there  is  not  a  greater  error  than  was  committed  by  the 
stenographer  of  the  '  Intelligencer '  the  other  day,  when  he 
put  into  my  mouth  a  part  of  the  honorable  senator's  speech. 
(Laughter.)  I  hope  the  honorable  senators  in  the  other  side 
of  the  chamber  will  pardon  me  for  having  conceived  it  possible 
that,  amidst  the  popping  of  champagne,  the  intoxication  of 
their  joy,  the  extasy  of  their  glorification,  they  might  have 
been  the  parties  who  created  a  disturbance  of  which  they  never 
could  have  been  guilty  had  they  waited  for  their  '  sober  second 
thoughts.'  (Laughter,  loud  and  long.)  I  have  no  doubt  the  very 
learned  ex-Secretary  of  the  Treasury,  who  conducted  that  de 
partment  with  such  distinguished  ability,  and  such  happy  results 
to  the  country,  and  now  has  such  a  profound  abhorrence  of  all 
the  taxes  on  tea  and  coffee,  though,  in  his  official  reports,  he  so 
distinctly  recommended  them,  would  if  appointed  chairman  of 
the  committee,  have  conducted  the  investigation  with  that  in 
dustry  which  so  eminently  distinguishes  him,  and  would  have 
favored  the  Senate  with  a  report,  marked  with  all  his  accus 
tomed  precision  and  ability,  and  with  the  most  perfect  lucid 
clearness." 

When  Mr.  Clay  had  concluded,  Mr.  Buchanan  rose  and  re 
joined  in  the  following  graceful  and  eloquent  speech  : 

"  The  senator  has  informed  me  that  I  do  not  succeed  in 
attempts  at  wit,  and  in  this  he  is,  doubtless,  correct.  I  am  a 


328  LIFE    AND    SERVICES    OF    JAMES    BUCHANAN. 

plain  man,  and  speak  right  on  that  which  I  have  to  say.  I 
think  I  can,  with  equal  justice,  return  his  compliment.  If  I  do 
not  succeed  at  wit,  he  as  rarely  succeeds  in  argument.  Argu 
ment  is  as  little  his  province  as  wit  is  mine.  He  is  eloquent, 
as  we  all  know,  and  sagacious,  and  besides,  he  is  the  very  best 
drill-officer  that  ever  disciplined  any  party  ;  but,  in  regard  to 
sound  logic,  or  what  he  denominates  '  abstractions/  he  is  not 
very  famous. 

"  The  honorable  senator  has,  with  great  power  of  humor, 
and  much  felicity  of  description,  drawn  for  us  a  picture  of  the 
scene  which  he  supposes  to  have  been  presented  at  the  Presi 
dent's  house  on  the  ever  memorable  evening  of  the  riot.  It 
was  a  happy  effort ;  but  unfortunately,  it  was  but  a  fancy- 
sketch,  at  least,  or  as  far  as  I  am  concerned.  I  was  not  there 
at  all  upon  the  occasion.  But,  I  ask,  what  scenes  were  enacted 
on  that  eventful  night  at  this  end  of  the  avenue  ?  The  senator 
would  have  no  cause  to  complain,  if  I  should  attempt,  in  hum 
ble  imitation  of  him,  to  present  a  picture,  true  to  the  life,  of 
the  proceedings  of  himself  arid  his  friends  amidst  the  dark  and 
lowering  clouds  of  that  never-to-be-forgotten  night,  a  caucus 
assembled  in  one  of  the  apartments  of  this  gloomy  building, 
and  sat  in  melancholy  conclave,  deploring  the  unhappy  fate  of 
the  whig  party.  Some  rose  and  advocated  vengeance  ;  '  their 
voice  was  still  for  war.'  Others,  more  moderate,  sought  to 
repress  the  ardent  zeal  of  their  fiery  compatriots,  and  advised 
to  peace  and  prudence.  It  was  finally  concluded  that,  instead 
of  making  open  war  upon  Captain  Tyler,  they  should  resort  to 
stratagem,  and,  in  the  elegant  language  of  one  of  their  number, 
that  they  should  endeavor  '  to  head '  him.  The  question  was 
earnestly  debated  by  what  means  they  could  best  accomplish 
this  purpose,  and  it  was  resolved  to  try  the  effect  of  the  '  fis- 
cality '  now  before  us.  Unfortunately  for  the  success  of  the 
scheme,  "  Captain  Tyler7  was  forewarned  and  forearmed,  by 
means  of  a  private  and  confidential  letter,  addressed  by  mis 
take  to  a  Virginia  Goffee-House.  It  is  by  means  like  this,  that 


REJOINDER    TO    MR.  CLAY.  329 

'enterprises  of  great  pith  and  moment'  often  fail.  But  so 
desperately  intent  are  the  whig  party  still  on  the  creation  of 
a  bank,  that  one  of  my  friends  on  this  side  of  the  house  told 
me  that  a  bank  they  would  have,  though  its  exchanges  should 
be  made  in  bacon  hams,  and  its  currency  be  small  potatoes. 
(A  laugh.) 

"  The  senator  has  often  lauded  to  the  very  echo  the  Mace 
donian  phalanx,  as  he  terms  them,  in  the  other  house,  and 
proposed  their  example  as  worthy  of  our  imitation.  Now,  sir, 
1  should  never  have  made  any  reference  upon  this  floor  to  the 
proceedings  in  that  house  (which  is  contrary  to  all  parlia 
mentary  rule),  had  I  not  been  driven  to  it  by  the  previous 
remarks  of  the  senator.  Before  heaven,  I  believe  that  the 
conduct  of  that  phalanx,  of  which  the  senator  seems  so  proud, 
forebodes  the  destruction  of  the  liberties  of  this  country,  unless 
the  sovereign  people  should  frown  it  down  forever.  If  the 
representatives  of  fifty  thousand  freemen  can  be  deprived  of  the 
right  of  speech  by  arbitrary  rules  prescribed  by  a  tyrannical 
majority,  and  the  people  of  the  United  States  should  tamely 
submit  to  such  a"  violation  of  their  liberties  in  the  persons  of 
their  representatives,  then  they  will  deserve  to  be  slaves.  Let  it 
once  be  fully  known  throughout  the  country  that  those  whom 
tne  people  have  selected  to  represent  their  sentiments  and  their 
interests  in  the  other  branch  of  Congress  have  been  prevented 
from  expressing  their  opinions,  and  have  even  been  denied  the 
poor  privilege  of  recording  their  votes  on  questions  of  the  last 
importance  ;  and  then,  if  their  constituents  should  silently 
acquiesce  in  this  usurpation,  we  shall  be  subjected  to  the  same 
tyranny  with  that  imposed  upon  France  by  Napoleon,  when  he 
organized  his  silent  Legislative  "Council  I  did  not  believe  that 
the  House  of  Representatives  had  been  reduced  to  any  snch 
condition,  until  I  read  the  able  letter  upon  the  subject,  of  a 
member  from  South  Carolina  (Mr.  Rhett).  With  that  letter 
in  my  hand,  I  would  go  into  any  congressional  district  of  this 
Union,  and,  humble  as  I  am,  I  should  feel  confident  of  obtain- 


330  LIFE   AND    SEE  VICES    OF   JAMES   BUCHANAN. 

ing  the  unanimous  voice  of  the  people  in  condemnation  of  such 
proceedings  as  it  describes.  This  question  soars  far  above  all 
mere  party  distinctions.  It  is  one  upon  the  decision  of  which 
depends  the  efficient  existence  of  our  representative  republican 
form  of  government. 

"  The  present  bill  to  establish  fiscal  corporation  was  hurried 
through  the  House  with  the  celerity,  and  so  far  as  the 
democracy  was  concerned,  with  the  silence  of  despotism.  No 
democrat  had  an  opportunity  of  raising  his  voice  against  it. 
Under  the  new  rules  in  existence  there,  the  majority  had  pre 
determined  that  it  should  pass  that  body  within  two  days  from 
the  commencement  of  the  discussion.  At  first,  indeed,  the  deter 
mination  was,  that  it  should  pass  the  first  day  ;  but  this  was 
too  great  an  outrage,  and  the  mover  was  graciously  pleased 
to  extend  the  time  one  day  longer.  Whilst  the  bill  was  in 
Committee  of  the  Whole,  it  so  happened  that  in  the  struggle 
for  the  floor,  no  democratic  member  succeeded  in  obtaining  it  ; 
and  at  the  destined  hour  of  four  in  the  afternoon  of  the  second 
day,  the  committee  rose  and  all  further  debate  was  arrested 
by  the  previous  question.  The  voice  of  that  great  party  in 
this  country,  to  which  I  am  proud  to  belong,  was,  therefore, 
never  heard  through  any  of  their  representatives  in  the  House 
against  this  odious  measure.  Not  even  one  brief  hour,  the* 
limit  prescribed  by  the  majority  to  each  speaker,  was  granted 
to  any  democratic  member. 

"  But  the  democracy  of  the  land  are  not  only  deprived  of 
the  liberty  of  speech  in  the  persons  of  their  representatives, 
but  these  representatives  are  even  denied  the  right  of  record 
ing  their  vote  on  the  ayes  and  noes,  for  or  against  any  amend 
ment  to  any  bill,  unless  the  majority  please  to  grant  them  this 
permission.  Under  the  rule,  the  ayes  and  noes  cannot  be  de 
manded  in  Committee  of  the  Whole.  Every  amendment 
offered  there,  which  is  disagreeable  to  the  majority,  is  voted 
down  without  any  responsibility  of  the  representative  to  his 
constituents,  because  the  names  of  the  voters  are  not  recorded 


REJOINDER    TO    ME.  CLAY.  331 

on  the  journal  ;  and  it  is  impossible  to  renew  any  such 
amendment  after  the  bill  has  been  reported  to  the  House, 
because  at  that  very  instant  the  gag  of  the  previous  question 
is  applied,  which  cuts  off  all  debate  and  every  amendment  not 
sanctioned  by  the  committee.  And  this  is  the  bright,  the 
glorious  example  which  the  senator  from  Kentucky  has  so 
often  proposed  for  the  imitation  of  the  Senate  of  the  United 
States  !  But  enough  of  this. 

"  The  senator,  with  his  usual  tact  and  skill,  has  seized  upon 
a  playful  remark  of  mine  in  reply  to  my  friend  from  Virginia 
(Mr.  Archer),  over  the  way,  that,  although  I  did  not  know  at 
present  what  might  be  the  opinions  of  Mr.  Tyler,  yet,  I  hoped 
this  might  not  long  be  the  case.  Upon  this  feeble  foundation, 
the  senator,  with  that  commanding  eloquence  which  is  ever 
ready,  has  indulged  himself  in  declaring  that  John  Tyler  would 
be  guilty  of  the  most  atrocious  treason,  should  he  be  willing 
to  desert  his  own  party,  and  ally  himself  with  the  democracy  ; 
and  in  that  event,  he  has  expressed  the  confident  belief  that 
we  would  be  too  honorable  to  receive  him  into  our  ranks. 
Now,  sir,  if  the  avowed  opinions  of  Mr.  Tyler's  whole  life  be,  as 
they  are,  in  diametrical  opposition  to  those  of  the  senator,  what 
course  is  he  to  pursue  ?  Must  he  abandon  his  long  cherished 
principles  merely  because  they  are  identical  with  those  of  the 
democratic  party  ?  And  is  he  to  be  denounced  as  a  traitor  for 
this  mere  coincidence  of  opinion  ?  This  would,  indeed,  be 
unjust  vengeance.  No  man  of  the  democratic  party,  to  my 
knowledge,  either  expects  or  desires  office  or  power  at  his 
hands.  I  will  tell  the  honorable  senator,  however,  what  we  do 
intend,  although  we  have  studiously  kept  ourselves  aloof  from 
all  interference  with  the  President,  and  from  every  attempt  to 
influence  his  conduct.  So  far  as  his  measures  shall  be  in 
conformity  with  our  principles,  we  shall  give  them  a  cordial 
and  zealous  support.  Should  the  senator,  in  utter  violation, 
as  we  believe,  of  the  Constitution,  again  attempt  to  establish  a 
National  Bank,  with  the  privilege  of  spreading  its  branches 


332  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

throughout  the  Union,  and  thus,  by  concentrating  the  money 
power,  to  corrupt  the  land  ;  and  should  the  President  again 
and  again  conscientiously  veto  such  a  dangerous  measure,  we 
shall  be  ever  ready  to  yield  him  our  support  in  a  cause  so 
righteous.  Whatever  the  senator  may  think  of  us,  we  shall 
cheer  him  on  in  the  path  of  duty  with,  '  Well  done,  good  and 
faithful  servant,  you  have  redeemed  your  country  from  an 
institution  in  deadly  hostility  both  to  the  spirit  and  letter  of 
our  form  of  government.;  and  will  the  whigs  charge  him  with 
treason  for  this  ?  The  idea  of  falsehood  is  always  involved  in 
that  of  treason,  and  they  never  can  succeed  in  branding  a  man 
as  a  traitor  for  adhering  to  the  well-known  principles  of  his 
whole  life. 

"  The  senator  expects  that  President  Tyler  will  approve  this 
bill.  If  he  does,  he  will  then  render  himself  forever  infamous. 
His  name  will  be  the  scorn  and  ridicule  of  one  party,  and  the 
contempt  of  the  other.  Nc,  he  will  never  do  it  ;  destiny  has 
left  him  but  one  course  to  pursue  as  an  honest  man,  and  that 
is  to  go  straight  ahead,  and  fearlessly  perform  his  duty.  He 
cannot  now  turn  back  without  disgrace  and  dishonor.  If  he 
shall  pursue  this  course,  a  vast  majority  of  the  American  people 
of  all  political  parties  will  award  to  him  the  merit  of  having 
sacrificed  all  his  personal  feelings,  and  encountered  the  frowns  of 
many  of  his  ancient  friends,  from  a  sacred  regard  to  the  Con 
stitution  and  welfare  of  his  country.  This  will  be  his  reward. 
He  will  then  stand  forever  in  a  niche  of  the  temple  of  fame, 
associated  with  those  pure  and  exalted  patriots  which  have 
sacrificed  all  selfish  considerations  to  save  the  country. 

"  As  for  our  party,  we  want  neither  patronage  nor  power, 
from  John  Tyler.  We  shall  give  him  a  liberal  and  manly 
support  whenever  we  believe  he  deserves  it.  Let  all  the  offi 
ces  and  all  the  honors  be  given,  with  our  hearty  consent,  to 
those  who  elected  him., 

"  When  I  rose  in  reply,  I  had  intended  to  reciprocate  the 
kindness  of  the  senator,  and  make  a  speech  to  the  whig 


REJOINDER    TO    MR.   CLAY.  333 

caucus  for  him,  as  he  has  done  to  the  President  for  me»  It 
was  ray  purpose  to  have  presented  to  the  Senate  a  faint  imi 
tation  of  what  I  conjecture  he  must  have  said  on  that  night 
of  sorrow  and  gloom.  I  think  I  know  the  senator  well 
enough  to  imagine  just  such  a  speech  as  he  must  have  made 
upon  that  occasion.  But  I  forbear  it  ;  it  must  have  been  both 
eloquent  and  efficient  ;  for  I  believe,  in  my  soul,  that  no 
other  drill-officer  in  existence  could  have  reanimated  his  dis- 
spirited  and  scattered  forces,  and  again  brought  them  up  to 
the  charge  in  solid  column  to  sustain  such  a  thing  as  this 
'  fiscal  corporation.' " 

The  fiscal  corporation  passed  both  houses  of  Congress  but 
unfortunately  for  the  success  of  Mr.  Clay's  policy  it  shared  the 
same  fate  with  the  executive  as  the  first  bill. 

At  this  session  the  celebrated  case  of  Alexander  McLeod 
came  before  Congress,  and  was  discussed  with  great  spirit  and 
animation.  The  circumstances  are  generally  known,  but  we 
were  briefly  recapitulate  them.  In  1837  a  rebellion  or  revo 
lution  was  commenced  in  Canada  having  for  its  object  a  separa 
tion  of  that  country  from  England.  An  American  vessel,  the 
Caroline,  had  been  accused  of  carrying  provisions  and  arms  to 
the  insurgents.  This  report  had  excited  a  determination  on  the 
part  of  the  English  officers  to  destroy  it,  but  they  did  not 
choose  to  wait  if  perchance  they  might  detect  the  Caroline  on 
their  territory  in  unlawful  trade,  but  resolved  to  attack  and 
destroy  her,  upon  American  soil.  One  Captain  Drew  of  the 
British  army  it  appears  gave  notice,  "  that  upon  a  certain  night 
he  wanted  fifty  or  sixty  desperate  fellows  to  follow  him  to  the 
devil."  At  all  events  while  the  steamer  Caroline  was  lying  at 
her  dock  on  the  American  shore  she  was  boarded  by  a  gang  of 
outlaws  who  killed  one  man  and  then  towing  the  steamer  out 
in  the  stream  sent  her  over  Niagara  Falls.  Some  time  after  this, 
one  Alexander  McLeod  came  in  the  State  of  New  York  and 
boasted  that  he  had  been  one  of  the  number  engaged  in  the 


334  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

muider  on  board  the  Caroline  and  in  the  destruction  of  the  ves 
sel.  He  was  arrested  upon  the  charge  of  murder,  and  while  in 
custody  therefor,  a  demand  was  made  upon  our  government  by 
England  for  him.  Mr.  B.  took  ground  against  yielding  to  this  de 
mand,  contending  that  if  the  man  were  actually  guilty  he  should 
be  tried  and  condemned  according  to  the  laws  of  the  State 
where  the  crime  was  committed.  After  concluding  this  portion 
of  a  speech  of  great  power  upon  this  case,  he  ended  by  an 
admirable  resume  of  the  law  of  nations  as  bearing  upon  the 
question  as  follows  : 

"  I  shall  now  offer  a  few  remarks  on  the  question  of  public 
law  involved  in  this  case,  and  then  close  what  I  have  to  say. 
I  sincerely  believe  the  administration  of  Mr.  Van  Buren  was 
perfectly  correct  on  this  doctrine,  as  laid  down  by  Mr.  Forsyth. 
If  I  had  found  any  authority  to  induce  me  to  entertain  a 
doubt  on  that  point,  I  would  refer  to  it  most  freely.  I  now 
undertake  to  say  that  the  only  circumstance  which  has  produced 
confusion  and  doubts  in  the  minds  of  well  informed  men  on  this 
subject  is,  that  they  do  not  make  the  proper  distinction  between 
a  state  of  national  war  and  national  peace.  If  a  nation  be  at 
war,  the  command  of  the  sovereign  power  to  invade  the  terri 
tory  of  its  enemy,'  and  do  battle  there  against  any  hostile  force, 
always  justifies  the  troops  thus  engaged. 

"  When  any  of  the  invaders  are  seized,  they  are  considered 
as  prisoners  of  war,  and  as  having  done  nothing,  but  what  the 
laws  of  war  justified  them  in  doing.  In  such  a  case  they  can 
never  be  held  to  answer,  criminally  in  the  courts  of  the  invaded 
country.  That  is  clear.  The  invasion  of  an  enemy's  territory 
is  one  of  the  rights  of  war,  and,  in  all  its  necessary  consequen 
ces,  is  justified  by  the  laws  of  war.  But  there  are  offences  com 
mitted  even  in  open  war,  which  the  express  command  of  the 
offender's  sovereign  will  not  shield  from  exemplary  punishment. 
I  will  give,  gentlemen,  an  example.  A  spy  will  be  hung,  if 
caught,  even  though  he  acted  under  the  express  command  of 


SPEECH  ON  THE  MC  LEOD  CASE.          335 

his  sovereign.  We  might  cite  the  case  of  the  unfortunate  Ma 
jor  Andre.  He  was  arrested  on  his  return  from  an  interview 
with  Arnold,  and  his  life  being  in  danger,  the  British  com 
mander  (Sir  Henry  Clinton  I  believe)  made  an  effort  to  save 
him,  by  taking  upon  himself  the  responsibility  of  the  act.  But 
although  he  had  crossed  our  lines  whilst  the  two  nations  were 
in  a  state  of  open  and  flagrant  war,  in  obedience  to  instructions 
from  his  commander  in  chief,  yet  Washington,  notwithstanding, 
rightfully  hung  him  as  a  spy. 

"  Now,  let  me  tell  whoever  shall  answer  me  (if,  indeed  any 
gentleman  will  condescend  to  notice  what  I  have  said,  for  it 
seems,  we  on  this  side  of  the  House,  are  to  do  all  the  speaking, 
and  they  all  the  voting),  that  whilst  all  the  modern  authorities 
concur  in  declaring  that  the  law  of  nations  protects  individuals 
when  obeying  the  orders  of  their  sovereign,  during  a  state  of 
open  and  flagrant  war,  whether  it  has  been  solemnly  declared 
or  not,  and  whether  it  be  general  or  partial,  yet  these  authori 
ties  proceed  no  farther.  But,  to  decide  correctly  on  the  appli 
cation  of  this  principle  in  the  case  before  us,  we  must  recollect 
that  the  two  belligerents  here  were  England  on  the  one  hand 
and  her  insurgent  subjects  on  the  other,  and  that  the  United 
States  were  a  neutral  power  in  perfect  peace  with  England. 
But  what  is  the  rule  in  regard  to  nations  at  peace  with  each 
other  ?  This  is  the  question.  As  between  such  nations,  does 
the  command  of  an  inferior  officer  of  the  one,  to  individuals 
to  violate  the  sovereignty  of  the  other,  and  commit  murder  and 
arson,  if  afterwards  recognized  by  the  supreme  authority,  pre 
vent  the  nation  whose  laws  have  been  outraged  from  punishing 
the  offenders  ?  Under  such  circumstances,  what  is  the  law 
of  nations  ?  The  doctrine  is  laid  down  in  Vattel,  an  author 
admitted  to  be  of  the  highest  authority  on  questions  of  interna 
tional  law  ;  and  the  very  question  '  totidem  verbis '  which  arises 
in  this  case,  is  in  his  book  stated  and  decided.  He  admits  that 
the  lawful  commands  of  a  legitimate  government,  whether  to  its 
trooDS  or  other  citizens,  protects  them  from  individual  responsi- 


336  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

bility  for  hostile  acts  done  in  obedience  to  such  commands,  whilst 
in  a  state  of  open  war.  In  such  a  case,  a  prisoner  of  war  is  never 
to  be  subjected  to  the  criminal  jurisdiction  of  the  country  within 
which  he  has  been  arrested.  But  what  is  the  law  of  nations  in 
regard  to  criminal  offences  committed  by  the  citizens  or  subjects 
of  one  power,  with  the  sovereignty  of  and  jurisdiction  of  another, 
they  being  at  peace  with  each  other,  even  if  these  criminal  acts 
should  be  recognized  and  justified  by  the  offender's  sovereign  ? 
This  is  the  case  of  capture  and  destruction  of  the  Caroline. 
The  subject  is  treated  of  by  Vattel,  under  the  head  '  of  the 
concern  a  nation  may  have  in  the  actions  of  her  citizen5*,'  book 
6,  chap,  ii.,  page  161.  I  shall  read  sections  13,  74  'and  75. 

"  '  However,  as  it  is  impossible/  says  the  author,  '  for  the 
best  regulated  state,  or  for  the  most  vigilant  and  absolute 
sovereign,  to  model  at  his  pleasure  all  the  actions  of  his  subjects, 
and  to  confine  them  on  every  occasion  to  the  most  exact  obe 
dience,  it  would  be  unjust  to  impute  to  the  nation  or  the 
sovereign  every  fault  committed  by  the  citizens.  We  ought 
not,  then,  to  say  in  general  that  we  have  received  an  injury 
from  a  nation,  because  we  have  received  it  from  one  of  its 
members.' 

"  'But  if  a  nation  or  its  chief  approves  and  ratifies  the  act 
of  the  individual,  it  then  becomes  a  public  concern,  and  the 
injured  party  is  then  to  consider  the  nation  as  the  real  author  of 
the  injury,  of  which  the  citizen  was  perhaps  only  the  instru 
ment.' 

"  '  If  the  offended  state  has  in  her  power  the  individual  who 
has  done  the  injury,  she  may  without  scruple,  bring  him  to  jus 
tice  and  punish  him.  If  he  has  escaped,  and  returned  to  his 
own  country,  she  ought  to  apply  to  his  sovereign  to  have  jus 
tice  done  in  the  case.' 

"  Can  any  thing  in  the  world  be  clearer  ?  The  author 
outs  the  case  distinctly.  .The  nation  injured  ought  not  to 


SPEECH  ON  THE  MO  LEOD  CASE.          33 T 

-impute  to  the  sovereign  of  a  friendly  nation  the  acts  of  its 
individual  citizens,  but  if  such  friendly  sovereign  shall  recognize 
the  act  as  his  own,  it  then  becomes  a  national  concern.  But 
does  such  a  recognition  wash  away  the  guilt  of  the  offender,  and 
release  him  from  the  punishment  due  to  his  offence  under  the 
jurisdiction  of  the  country  whose  laws  he  has  violated  ?  Let 
Vattel  answer  this  question.  He  says  :  '  If  the  offended  state 
has  in  her  power  the  individual  who  has  done  the  injury,  she 
may,  without  scruple,  bring  him  to  justice  and  punish  him.' 
There  is  the  direct,  plain  and  palpable  authority;  and,  here 
permit  me  to  add,  that  I  think  I  can  prove,  that  according  to 
sound  reason,  the  principle  is  correct,  and  that  the  question 
would  now  be  so  decided  by  our  courts,  even  if  the  law  of 
nations  had  been  silent  on  the  subject.  This  not  only  is,  but 
ought  to  be,  the  principle  oC  public  law. 

"  Mr.  Webster,  in  his  letter  to  Mr.  Cox,  of  the  24th  of  April, 
tells  the  British  minister  that  the  line  of  frontier  which  separates 
the  United  States  from  her  Britannic  Majesty's  North  American 
Provinces  '  is  long  enough  to  divide  the  whole  of  Europe  into 
halves.' 

"  This  is  true  enough.  Now  by  admitting  the  doctrine  of 
Vattel  to  be  incorrect  and  unfounded,  on  what  consequences 
are  we  forced  ?  I  beg  senators  to  consider  this  question.  The 
line  which  separates  us  from  the  British  Provinces  is  a  line 
long  enough  to  divide  Europe  into  halves.  Heaven  knows  I 
have  no  desire  to  see  a  rebellion  in  Canada,  or  the  Canadian 
Provinces  annexed  to  the  United  States  ;  but  no  event  in  futu 
rity  is  more  certain  than  that  those  provinces  are  destined  to  be 
ultimately  separated  from  the  British  Empire.  Let  a  civil  war 
come,  and  let  every  McNab  who  shall  then  have  any  command 
in  the  British  possessions  along  this  long  line  be  permitted  to 
send  a  military  expedition  into  the  territory  of  the  United  States, 
whenever  he  shall  believe  or  pretend  that  it  will  aid  in  defend 
ing  the  royal  authority  against  those  who  are  resisting  it,  and 
war  between  Great  Britain  and  the  United  States  becomes 

15 


338  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN". 

inevitable.  A  British  subject  marauding  under  the  orders  *of 
his  superior  officer  on  this  side  of  the  line,  is  seized  in  the  very 
act.  Well,  what  is  to  be  done  ?  I  suppose  we  are  to  wait 
until  we  can  ascertain  whether  his  government  chooses  to  recog 
nize  his  hostile  or  criminal  act,  before  we  can  inflict  the  punish 
ment  which  he  deserves  for  violating  our  laws.  If  it  should 
recognize  his  act,  the  jail  door  is  immediately  to  be  thrown  open, 
the  offender,  it  may  be  murderer,  takes  his  flight  to  Canada, 
and  we  must  settle  the  question  with  the  British  government. 
Such  is  the  doctrine  advanced  by  the  British  government  and 
our  Secretary  of  State.  This  principle  would,  as  I  say,  lead 
us  inevitably  into  war  with  that  power.  What  can  be  done 
in  a  state  of  war  ?  In  that  case,  the  laws  of  war  provide  that 
persons  invading  our  territory  who  are  captured,  shall  be  con 
sidered  and  treated  as  prisoners  of  war.  But  while  the  two 
countries  continued  at  peace,  a  man  taken  in  the  flagrant  act 
of  invasion  and  violence,  cannot  be  made  a  prisoner  of  war. 
McLeod,  however,  is  not  to  be  treated  on  this  principle,  and 
punished  under  our  laws  if  he  be  guilty,  lest  we  should  offend 
the  majesty  of  England.  The  laws  of  New  York  are  to  be 
nullified,  and  the  murderer  is  to  run  at  large. 

"  But  if  the  principle  laid  down  by  Vattel  be  sound  and  true, 
all  difficulty  at  once  vanishes.  •  If  such  an  offender  be  caught 
in  the  perpetration  of  a  criminal  act,  he  is  then  punished  for  his 
crime.  Let  him  be  tried  for  it  at  least,  and  then,  if  there  are 
any  mitigating  circumstances  in  his  case,  for  the  sake  of  good 
neighborhood,  let  him  escape.  There  will  then  be  no  danger  of 
war  from  this  cause.  Let  me  suppose  a  case.  Suppose  Colonel 
Allen  McNab  should  take  it  into  his  head  that  there  exists  in 
the  United  States  a  conspiracy  against  the  British  government, 
and  should  believe  that  he  could  unravel  the  whole  plot  by  seiz 
ing  on  the  United  States  mail  in  its  passage  from  New  York  to 
Buffalo — he  places  himself  at  the  head  of  a  party,  comes  over 
the  line,  and  seizes  and  robs  the  mail  ;  but  in  the  act  he  is 
overpowered  and  arrested,  and  he  is  indicted  before  a  criminal 


SPEECH  ON  THE  MC  LEOD  CASE.          339 

court* of  the  United  States.  Will  it  be  maintained,  if  the  Brit 
ish  government  should  say,  We  recognize  the  act  of  McNab  in 
robbing  your  mail,  as  we  have  already  recognized  that  of  his 
burning  your  steamboat  and  killing  your  citizens,  that  Mr. 
Webster  would  be  justified  in  directing  a  nolle  prosequi  to  be 
entered  in  his  favor,  and  thus  suffer  him  to  go  free  ? 

"  I  do  not  say  that  the  British  government  would  act  in  this 
manner,  but  I  put  the  case  as  a  fair  illustration  of  the  argu 
ment.  There  was  one  case  in  which  something  very  like  this 
might  have  happened,  and  it  was  even  thought  probable  that  it 
would  happen.  It  was  reported  that  an  expedition  had  been 
planned  to  seize  the  person  of  McLeod,  and  to  oarry  him  off  to 
Canada  ;  and  I  believe  that  a  very  distinguished  and  a  gallant 
general  in  the  United  States  service  (Gen.  Scott) — an  officer 
for  whom,  in  common  with  his  fellow-citizens,  I  cherish  the 
highest  respect  and  regard — went,  in  company  with  the  Attor 
ney  General,  to  Lockport  ;  and  it  was  conjectured  that  he  had 
received  orders  to  hold  McLeod  and  defend  the  Lockport  jail 
against  any  incursion  of  Sir  Allen  McNab  or  any  other  person. 

"  Suppose  now  that  such  an  expedition  had  been  set  on  foot, 
that  it  had  succeeded,  and  that  McLeod  had  been  seized  and 
carried  off  in  triumph,  the  two  nations  being  still  in  profound 
peace.  The  rescue  of  a  prisoner  is  high  criminal  offence.  What 
would  have  been  done  with  McNab  if  he  had  voluntarily  come 
within  our  jurisdiction  and  been  arrested  ?  If  he  could  be  in 
dicted,  and  tried,  and  punished  before  the  British  government 
should  have  time  to  recognize  his  act — very  well.  But  if  not, 
then,  at  the  moment  of  such  recognition,  he  would  be  no 
longer  responsible,  and  must  forthwith  be  set  free.  The  prin 
ciple  of  Vattel  rightly  understood,  absolutely  secures  the  terri 
torial  sovereignty  of  nations  in  time  of  peace  by  permitting 
them  to  punish  all  invasions  of  it  in  their  own  criminal  courts, 
and  his  doctrine  is  eminently  calculated  to  preserve  peace 
among  all  nations.  War  has  its  own  laws,  which  are  never  to 
be  extended  to  the  intercourse  between  nations  at  peace. 


340  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

"  The  principle  assumed  in  Mr.  Fox's  letter  is  well  calculated 
for  the  benefit  of  powerful  nations  against  their  weaker  neigh 
bors.  (But  in  saying  this  I  do  no  not  mean  to  admit  that  we 
are  a  weak  nation  in  comparison  with  England.  We  do  not, 
indeed,  wish  to  go  to  war  with  her,  yet  I  am  confident  in  the 
belief  that  whatever  we  might  suffer  during  the  early  period  of 
such  a  contest  would  be  amply  compensated  by  our  success  be 
fore  we  reached  the  end  of  it.)  But  let  me  present  an  ex 
ample  : 

"  Let  us  suppose  that  the  empire  of  Kussia  has  by  her  side 
a  conterminous  nation,  which  is  comparatively  weak.  A  Russian 
colonel,  during  the  season  of  profound  peace.,  passes  over  the 
boundary,  and  commits  some  criminal  act  against  the  citizens 
of  the  weaker  nation.  They  succeed,  however,  in  seizing  his 
person,  and  are  about  to  punish  him  according  to  the  provisions 
of  their  own  laws.  But  immediately  the  Russian  double-headed 
black  eagle  makes  its  appearance,  a  Russian  officer  says  to  the 
authorities  of  the  weaker  nation,  '  stop,  take  off  your  hands  ; 
you  shall  not  vindicate  your  laws  and  sovereignty.  We  assume 
this  man's  crime  as  a  national  act.'  What  is  the  consequence  ? 
The  rule  for  which  Britain  contends  will  in  this  case  compel  the 
injured  nation,  though  the  weaker,  to  declare  war  in  the  first 
instance  against  her  stronger  neighbor.  But  she  will  not  do  it  ; 
she  will  not  become  the  actor,  from  the  consciousness  of  her 
weakness  and  the  instinct  of  self-preservation.  This  principle,  if 
established,  will  enable  the  strong  to  insult  the  weak  with  im 
punity.  But  take  the  principle  as  laid  down  by  Vattel.  The 
weaker  nation  defends  the  majesty  of  her  own  laws  by  punish 
ing  the  Russian  subject  who  had  violated  them  •  and,  if  war  is 
to  ensue,  Russia  must  assume  the  responsibility  of  declaring  it,  in 
the  face  of  the  world,  and  in  an  unjust  cause,  against  the  nation 
whom  she  has  injured.  It  is  said  that  one  great  purpose  of 
the  laws  of  nations  is  to  protect  the  weak  against  the  strong, 
and  never  was  this  tendency  more  happily  illustrated  than 
by  this  very  principle  of  Vattel  for  which  I  am  contending. 


SPEECH   ON   THE    MC  LEOD    CASE.  crii 

"  I,  therefore,  believe  that  the  Secretary  of  State  was  as  far 
wrong  in  his  view  of  international  law  as  in  his  haste  to  ap 
pease  the  British  government,  in  the  face  of  a  direct  threat, 
by  his  instructions  to  Mr.  Crittenden.  The  communication  of 
these  instructions  to  that  government,  we  know,  had  the  de 
sired  effect.  They  went  out  immediately  to  England,  and  no 
sooner  were  they  known  on  that  side  of  the  water  than  in  a 
moment  all- was  calm  and  tranquil.  The  storm  portending  war 
passed  away,  and  tranquil  peace  once  more  returned  and  smiled 
over  the  scene.  Sir,  the  British  government  must  have  been 
hard-hearted,  indeed,  if  a  perusal  of  these  instructions  did  not 
soften  them,  and  afford  them  the  most  ample  satisfaction.  This 
amiable  temper  will  never  even  be  ruffled  in  the  slightest 
degree  by  the  perusal  of  Mr.  Webster's  letter  to  Mr.  Fox, 
written  six-  weeks  afterwards.  The  matter  had  all  been  virtu 
ally  ended  before  its  date. 

"  In  the  views  I  have  now  expressed  I  may  be  wrong  ;  but 
as  an  American  senator,  without  any  feeling  on  my  part,  but 
such  as  I  think  every  American  senator  ought  to  cherish,  I  am 
constrained  to  say,  that  I  cannot  approve  of  the  course 
pursued  by  the  Secretary  of  State  in  this  matter  ;  while  at  the 
same  time,  I  hope  and  trust  that  no  other  occasion  may  arise 
to  demand  from  me  a  similar  criticism  on  the  official  conduct 
of  that  gentleman. " 

The  difficulty  between  our  government  and  England  on  thi» 
question,  which  threatened  a  rupture  between  the  two  countries, 
was  happily  terminated  in  the  acquittal  of  MacLeod,  by  the 
court  at  Lockport  before  which  he  was  tried.  This  excited 
and  important  session  of  Congress  closed  on  the  13th  of  Sep 
tember,  1841. 


34:2  LIFE   AND    SERVICES   OF   JAMES    BUCHANAN 


CHAPTER  XVIII 

Second  Session  of  the  Twenty-seventh  Congress— The  Veto  Power— Mr.  Buchanan's 
Speech  in  Reply  to  Mr.  Clay — The  Board  of  Exchequer — Mr:  Buchanan's  Speech — Mr. 
Clay's  Retirement  from  the  Senate — Third  Session  of  the  Twenty-seventh  Congress- 
The  Webster  Treaty. 

NOT  three  months  elapsed  after  the  adjournment  of  the  extra 
session  of  Congress,  before  the  first  regular  session  of  the 
twenty-seventh  Congress  convened,  on  the  6th  of  December, 
1841.  Mr.  Clay  introduced  some  resolutions  to  restrict  the 
veto  power.  Mr.  Buchanan  did  not  agree  with  Mr.  C. 
that  the  presidential  prerogative  of  a  veto  upon  bills  passed 
by  Congress,  was  a  dangerous  power  granted  to  the  execu 
tive.  On  the  contrary,  he  believed  that  the  provision  in  the 
Constitution,  making  it  the  duty  of  the  President  to  return  all 
bills  he  did  not  approve  to  Congress  with  his  objections,  was  a 
safeguard  against  hasty  and  inconsiderate  legislation,  and  that 
the  wise  framers  of  our  organic  law  had  inserted  it  from  the 
most  patriotic  considerations  of  the  public  good.  On  the  2d 
of  February,  1842,  Mr.  Buchanan  made  an  elaborate  reply  to 
Mr.  Clay  upon  his  proposition,  reviewing  our  whole  system  of 
government,  and  showing  the  relations  that  existed  between  its 
parts.  This  logical  and  profound  speech  embraces  valuable 
principles  of  political  economy,  and  shows  with  what  attention 
Mr.  Buchanan  has  studied  the  fundamental  laws  and  maxims 
of  civil  government.  After  showing  that  the  veto  power  bore 
no  analogy  to  tyrannical  or  despotic  power,  he  said  : 

"  This  system  of  self-imposed  restraints  is  a  necessary  element 


THE  VETO 'POWER.  34:3 

of  our  social  condition.  Every  wise  and  virtuous  man  adopts 
the  resolutions  by  which  he  regulates  his  conduct,  for  the  pur 
pose  of  counteracting  the  evil  propensities  of  his  nature,  and 
preventing  him  from  yielding  under  the  impulses  of  sudden  and 
strong  temptation.  Is  such  a  man  the  less  free,  the  less  inde 
pendent  because  he  choses  to  submit  to  these  self-imposed  re 
straints  ?  In  like  manner,  is  the  majority  of  the  people  less 
free  and  less  independent  because  it  has  chosen  to  impose  con 
stitutional  restrictions  upon  itself  and  its  representatives  ?  Is 
this  any  abridgement  of  popular  liberty  ?  The  true  philoso 
phy  of  republican  government,  as  the  history  of  the  world  has 
demonstrated,  consists  in  the  establishment  of  such  counteract 
ing  powers — powers  always  created  by  the  people  themselves — as 
shall  render  it  morally  certain  that  no  law  can  be  passed  by 
their  servants  which  shall  not  be  in  accordance  with  their  will, 
and  calculated  to  promote  their  good. 

"  It  is  for  this  reason  that  a  Senate  has  been  established  in 
every  State  of  the  Union  to  control  the  House  of  Representa 
tives  ;  and  I  presume  there  is  now  scarcely  an  individual  in  the 
country  who  is  not  convinced  of  its  necessity.  Fifty  years  ago, 
opinions  were  much  divided  upon  this  subject,  and  nothing  but 
experience  has  settled  the  question.  In  France,  the  National 
Assembly,  although  they  retained  the  king,  rejected  a  senate  as 
aristocratic,  and  our  own  Franklin  was  opposed  to  it.  He 
thought  that  the  popular  branch  was  alone  necessary  to  reflect 
the  will  of  the  people,  and  that  a  senate  would  be  but  a  mere 
encumbrance.  His  influence  prevailed  in  the  convention  which 
formed  the  first  Constitution  for  Pennsylvania,  and  we  had  no 
senate.  The  doctor's  argument  against  it  was  contained  in  one 
of  his  homely  but  striking  illustrations  :  'Why,'  said  he,  'will 
you  place  a  horse  in  front  of  a  cart  to  draw  it  forward,  and 
another  behind  to  pull  it  back  ?'  Experience,  which  is  the 
wisest  teacher,  has  demonstrated  the  fallacy  of  this  and  all  other 
similar  arguments  ;  and  public  opinion  is  now  unanimous  on 


LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

the  subject.  Where  is  the  man  who  does  not  now  feel  that 
the  control  of  a  senate  is  necessary  to  restrain  and  modify  the 
action  of  the  popular  branch  ? 

"  All  the  beauty  and  harmony  and  order  of  the  universe 
arise  from  counteracting  influences.  When  its  great  author, 
in  the  beginning,  gave  the  planets  their  projective  impulse, 
they  would  have  rushed  in  a  straight  line  through  the  realms 
of  boundless  space,  had  he  not  restrained  them  within  their 
prescribed  orbits  by  the  counteracting  influence  of  gravitation. 
All  the  valuable  inventions  in  mechanics  consist  in  blending 
simple  powers  together  so  as  to  restrain  and  regulate  the  ac 
tion  of  each  other.  Restraint — restraint — not  that  imposed  by 
arbitrary  and  irresponsible  power,  but  by  the  people  them 
selves,  in  their  own  written  constitutions,  is  the  great  law  which 
has  rendered  democratic  representative  government  so  success 
ful  in  these  latter  times.  The  best  security  which  the  people 
can  have  against  abuses  of  trust  by  their  public  servants,  is  to 
ordain  that  it  shall  be  the  duty  of  one  class  of  them  to  watch 
and  restrain  another.  Sir,  this  federal  government,  in  its  legis 
lative  attributes,  is  nothing  but  a  system  of  restraints  from  be 
ginning  to  end.  In  order  to  enact  any  bill  into  a  law,  it  must 
be  passed  by  the  representatives  of  the  people  in  the  House,  and 
also  by  the  representatives  of  the  sovereign  States  in  the  Se 
nate,  where,  as  I  have  observed  before,  it  may  be  defeated  by 
senators  from  States  containing  but  one-fourth  of  the  popula 
tion  of  the  country.  After  it  has  undergone  these  two  ordeals, 
it  must  yet  be  subjected  to  that  of  the  executive,  as  the  tribune 
of  the  whole  people,  for  his  approbation.  If  he  should  exer 
cise  his  veto  power,  it  cannot  become  a  law  unless  it  be  passed 
by  a  majority  of  two-thirds  of  both  houses.  These  are  the 
mutual  restraints  which  the  people  have  imposed  on  their  public 
servants,  to  preserve  their  own  rights  and  those  of  the  States 
from  rash,  hasty  and  impolitic  legislation.  No  treaty  with  a 
foreign  power  can  be  binding  upon  the  people  of  this  country 


SPEECH    ON    THE    VETO    POWEK.  34:0 

unless  it  shall  receive  the  assent  of  the  President  and  two-thirds 
of  the  Senate,  and  this  is  the  restraint  which  the  people  have 
imposed  on  the  treaty  making  power." 

After  referring  to  instances  where  the  rights  of  the  States 
might  be  broken  down  if  the  veto  power  were  abolished,  he  con 
tinued  : 

"  But  let  me  suppose  another  case  of  a  much  more  dangerous 
character.  In  the  southern  States,  which  compose  the  weaker 
portion  of  the  Union,  a  species  of  property  exists  which  is  now 
attracting  the  attention  of  the  whole  civilized  world.  These 
States  never  would  have  become  parties  to  the  Union,  had  not 
their  rights  in  this  property  been  secured  by  the  federal  Consti 
tution.  Foreign  and  domestic  fanatics — some  from  the  belief 
that  they  are  doing  God's  service,  and  others  from  a  desire  to 
divide  and  destroy  this  glorious  Republic — have  conspired  to 
emancipate  the  southern  slaves.  On  this  question,  the  people 
of  the  South,  beyond  the  limits  of  their  own  States,  stand 
alone  and  unsupported  by  any  power  on  earth,  except  that  of 
the  northern  democracy.  These  fanatical  philanthropists  are 
now  conducting  a  crusade  over  the  whole  world,  and  are  en 
deavoring  to  concentrate  the  public  opinion  of  all  mankind 
against  the  right  of  property.  Suppose  they  should  ever  in 
fluence  a  majority  in  both  Houses  of  Congress  to  pass  a  law, 
not  to  abolish  this  property — for  that  would  be  too  palpable  a 
violation  of  the  Constitution — but  to  render  it  of  no  value, 
under  the  letter,  but  against  the  spirit,  of  some  of  the  powers 
granted  ;  will  any  lover  of  his  country  say  that  the  President 
ought  not  to  possess  the  power  of  arresting  such  an  act  by  his 
veto,  until  the  solemn  decision  of  the  people  should  be  known 
on  this  question,  involving  the  life  or  death  of  the  Union  ?  We, 
sir,  of  the  non-slaveholding  States,  entered  the  Union  upon  the 
express  condition  that  this  property  should  be  protected.  What 
ever  may  be  our  own  private  opinions  in  regard  to  slavery  in 

15* 


316  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

the  abstract,  ought  we  to  hazard  all  the  blessings  of  our  free 
institutions — our  Union  and  our  strength — in  such  a  crusade 
against  our  brethren  of  the  South  ?  .Ought  we  to  jeopard 
every  political  right  we  hold  dear  for  the  sake  of  enabling 
these  fanatics  to  invade  southern  rights,  and  render  that  fair 
portion  of  our  common  inheritance  a  scene  of  servile  war,  ra 
pine  and  murder  ?  Shall  we  apply  the  torch  to  the  magnificent 
temple  of  human  liberty  which  our  forefathers  reared  at  the 
price  of  their  blood  and  treasure,  and  permit  all  we  hold  dear 
to  perish  in  the  conflagration  ?  I  trust  not. 

"It  is  possible,  that  at  some  future  day,  the  majority  in 
Congress  may  attempt,  by  indirect  means,  to  emancipate  the 
slaves  of  the  South.  There  is  no  knowing  through  what  chan 
nel  the  ever-active  spirit  of  fanaticism  may  seek  to  accomplish 
its  object.  The  attempt  may  be  made  through  the  taxing 
power,  or  some  other  express  power  granted  by  the  Constitu 
tion.  God  only  knows  how  it  may  be  made.  It  is  hard  to  say 
what  means  fanaticism  may  not  adopt  to  accomplish  its  pur 
pose.  Do  we  feel  so  secure,  in  this  hour  of  peril  from  abroad 
and  peril  at  home,  as  to  be  willing  to  prostrate  any  of  the 
barriers  which  the  Constitution  has  reared  against  hasty  and 
dangerous  legislation  ?  No,  sir,  never  was  the  value  of  the 
veto  power  more  manifest  than  at  the  present  moment.  For 
the  weaker  portion  of  the  Union,  whose  constitutional  rights 
are  now  assailed  with  such  violence,  to  think  of  abandoning 
this  safeguard,  would  be  almost  suicidal.  It  is  my  solemn 
conviction,  that  there  never  was  a  wiser  or  more  beautiful 
adaptation  of  theory  to  practice  in  any  government  than  that 
which  requires  a  majority  of  two-thirds  in  both  houses  of  Con 
gress  to  pass  an  act  returned  by  the  President  with  his  objections, 
under  all  the  high  responsibilities  which  he  owes  to  his  country. 

"  Sir,  ours  is  a  glorious  Constitution.  Let  us  venerate  it ; 
let  us  stand  by  it  as  the  work  of  great  and  good  men,  unsur 
passed  in  the  history  of  any  age  or  nation.  Let  us  not  assail 
it  rashly  with  our  invading  hands,  but  honor  it  as  the  fountain 


SPEECH   ON   THE   VETO    POWER.  347 

of  our  prosperity  and  power.  Let  us  protect  it  as  the  only 
system  of  government  which  could  have  rendered  us  what  we 
are  in  half  a  century,  and  enable  us  to  take  the  front  rank 
among  the  nations  of  the  earth.  In  my  opinion,  it  is  the  only 
form  of  government  which  can  preserve  the  blessings  of  liberty 
and  prosperity  to  the  people,  and  at  the  same  time  secure  the 
rights  and  sovereignty  of  the  States.  Sir,  the  great  mass  of 
the  people  are  unwilling  that  it  shall  be  changed,  although  the 
senator  from  Kentucky,  to  whom  I  cannot,  and  will  not,  attrib 
ute  any  but  patriotic  motives,  has  brought  himself  to  believe 
that  a  change  is  necessary,  especially  in  the  veto  power,  I 
must  differ  from  him  entirely,  convinced  that  his  opinions  on 
this  subject  are  based  upon  fallacious  theories  of  the  nature  of 
out  institutions.  This  view  of  his  opinions  is  strengthened  by 
his  declarations  the  other  day  as  to  the  illimitable  rights 
of  the  majority  in  Congress.  On  that  point,  he  differs  essen 
tially  from  the  framers  of  the  Constitution.  They  believed 
that  the  people  of  the  different  States  had  rights  which  might 
be  violated  by  such  a  majority,  and  the  veto  power  was  one 
of  the  "modes  which  they  devised  for  preventing  these  rights 
from  being  invaded." 

Mr.  Buchanan  then  noticed  the  argument  of  Mr.  Clay,  that 
the  veto  power  gave  the  President  undue  influence  over  Con 
gress,,  and  by  that  means  brought  many  supporters  to  his 
administration.  Mr.  Buchanan  answered  this  objection,  by 
asking  how  many  friends  Mr.  Tyler  had  obtained  by  his  vetoes, 
and  how  much  power  he  had  secured  by  the  entire  patronage 
of  the  administration.  He  closed  h;s  speech  showing  how 
trifling  was  the  danger  of  the  abuse  of  the  veto  power,  com 
pared  with  the  evils  certain  to  follow  its  abolishment,  and 
expressed  his  hope  that  it  might  be  perpetual.  This  important 
feature  of  our  Constitution  certainly  never  had  a  more  powerful 
defence  than  Mr.  Buchanan  gave  it,  and  it  will,  probably,  be  a 
long  time  before  it  will  require  another  vindication. 


84:8  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN.  " 

After  the  disastrous  failures  of  the  "  Fiscal  Bank  "  and  thu 
"  Fiscal  Corporation,"  Mr.  Tyler  himself  recommended  a  scheme 
for  managing  the  financial  business  of  the  government,  to  be 
called  "  A  Board  of  Exchequer."  The  plan  was  somewhat  differ 
ent  from  that  of  a  National  Bank,  but  it  embraced  the  principle 
which  the  democracy  had  always  contended  against,  that  of 
using  the  people's  money  as  capital  upon  which  to  make  bank 
issues  by  the  government,  and,  of  course,  it  met  with  their  deter 
mined  hostility.  Indeed,  it  seemed  to  be  forsaken  by  all.  It 
never  was  even  called  up  for  consideration  in  the  House.  In 
the  Senate  it  was  referred  to  the  Committee  of  Finance,  where 
it  duly  expired.  Mr.  Buchanan,  however,  made  a  speech  upon 
it  on  a  motion  to  refer  the  subject  to  a  select  committee.  Many 
of  the  arguments  are  so  similar  to  those  which  he  used  in  former 
bills  of  the  same  kind,  most  of  which  we  have  already 
given,  that  it  is  unnecessary  to  repeat  them. 

During  this  session  Mr.  Clay  presented  his  resignation,  and 
retired  from  Congress.  He  delivered  a  valedictory  of  much  feel 
ing,  and  great  eloquence,  and  sought  in  the  shades  of  private 
life  that  retirement,  which  he  had  so  long  desired.  A 
combination  of  circumstances  had  defeated  all  his  leading 
measures,  and  he  had  been  taunted  with  trying  to  be  a 
dictator,  because  of  the  energy  and  perseverance  he  had  exhibi 
ted  in  endeavoring  to  carry  them  out.  "  That  my  nature  is 
warm,"  said  Mr.  Clay,  "  my  temper  ardent,  my  disposition  in 
the  public  service  enthusiastic,  I  am  ready  to  own.  But  those 
who  suppose  they  have  seen  any  proof  of  dictation  in  my  con 
duct,  have  only  mistaken  that  ardor  for  what  I  at  least  supposed 
to  be  patriotic  exertions  for  fulfilling  the  wishes  by  which  I 
hold  this  seat  :  they  having  mistaken  the  one  for  the  other." 
Mr.  Clay  had,  however,  at  least  one  consolation  :  if  Mr.  Tyler 
obtained  the  power  of  the  government,  he  retained  the  affec 
tions  of  the  great  whig  party,  and  died  in  its  embrace  !  No 
one  at  this  day  will  be  likely  to  accuse  Mr.  Clay  of  dictation. 
The  charge  was  the  result  of  temporary  party  asperities,  and 


THE   WEBSTEK   TREATY.  319 

never  received  any  support  from  Mr.  Buchanan,  who  always 
regarded  Mr.  Clay  as  a  man  of  the  most  earnest  and  sincere 
patriotism.  If  he  made  mistakes  upon  some  public  questions, 
it  was  but  what  all  men  in  this  fallible  world  are  liable  to  do. 
At  all  events,  his  heart  was  always  for  his  country,  and  upon 
questions  now  at  issue  he  assumed  a  stand  that  placed  himself 
and  Mr.  Buchanan  on  the  same  platform,  nobly  battling 
against  sectional  strife  and  disunion. 

Mr.  Buchanan  was  uncommonly  active  at  this  session  in  his 
participation  in  public  questions,  yet  we  are  only  enabled  to 
refer  to  his  most  prominent  speeches.  The  reader  may  judge 
of  the  attention  he  gave  to  the  public  service,  by  the  fact  that 
he  voted  or  addressed  the  Senate  more  than  one  hundred  and 
seventy  different  times.  It  was  a  long,  arduous  and  trying  ses 
sion,  of  nearly  nine  months'  duration. 

The  third  and  last  session  of  the  twenty-seventh  Congress 
convened  on  the  5th  of  December,  1842.  There  were  no  bills 
of  great  national  importance  brought  before  it,  but  an  interest 
ing  debate  is  incorporated  in  the  proceedings  of  this  Congress, 
which  took  place  in  executive  session  before  the  adjournment 
on  the  30th  of  August  previous,  upon  the  British  treaty  negoti 
ated  by  Mr.  Webster  and  Lord  Ashburton,  in  settlement  of  our 
Northeast  boundary  line.  It  was  believed  by  many  persons, 
and  is  still  so  regarded  by  some,  that  Mr.  Webster  made  too 
great  concessions  to  the  demands  of  England  in  the  settlement 
of  that  question.  Indeed  if  any  person  will  look  at  a  map  upon 
which  is  marked  the  boundary  as  designated  by  the  treaty  of 
1783,  and  that  settled  upon  by  the  Webster  treaty,  he  will 
be  struck  with  the  valuable  advantages  England  has  derived 
from  the  latter.  She  now  has  the  unobstructed  right  of  the 
valley  of  the  St.  John's  River,  and  a  military  road  directly 
through  it  from  the  province  of  New  Brunswick  to  Quebec.  It 
may  be  said  that  the  territory  is  mostly  sterile  and  not  worth 
contending  for,  but  if  it  really  belonged  to  us  our  rights  are 
never  so  valueless  as  to  be  given  up  upon  demand,  no  matter 


350  LIFE    AND   SERVICES    OF   JAMES   BUCHANAN. 

of  how  little  importance  in  an  intrinsic  point  of  view  they  may 
be.  Mr,  Buchanan  made  a  long  and  well  considered  speech 
upon  the  treaty,  taking  grounds  against  its  ratification  in  the 
form  in  which  it  was  presented  to  the  Senate. 

Amongst  the  objections  which  he  urged  against  the  treaty, 
was  that  it  did  not  settle  other  matters  of  dispute  then 
existing  between  England  and  our  government,  indeed,  the 
absence  of  a  firm  declaration  of  our  rights,  Mr.  Buchanan  con 
tended  would  embarrass  future  negotiations,  and  particularly 
any  that  might  become  necessary  for  the  settlement  of  our 
north-west  boundary.  The  twenty-seventh  Congress  expired 
by  constitutional  limitation,  on  the  3d  of  March,  1843,  after 
three  exciting,  important,  but  to  the  party  that  had  rolled  on  a 
whirlwind  into  power,  very  unsatisfactory  sessions. 


TERRITORIAL   GOVERNMENT   IN   OREGON.  351 


CHAPTER  XIX. 

The  Twenty-Eighth  Congress — Territorial  Government  in  Oregon — Annexation  of  Texas 
—Election  of  James  K.  Polk. 

THE  twenty-eighth  Congress,  the  last  under  Mr.  Tyler's  ad 
ministration,  convened  at  its  first  session  on  the  4th  of  Decem 
ber,  1843.  The  most  important  subjects  of  discussion  were  the 
organization  of  a  territorial  government  for  Oregon,  and  the 
annexation  of  Texas,  Mr.  Buchanan  took  an  early  and  decided 
stand  in  favor  of  extending  to  the  far-off  settlements  on  the 
Pacific,  all  the  advantages  which  our  laws  could  furnish. 

In  his  speech  on  this  subject,  he  takes  the  following  prophetic 
and  brilliant  survey  of  the  destiny  of  this  country  : 

"The  senator  from  New  Jersey  (Mr.  Miller)  believes  that  a 
hundred  years  must  roll  around  before  the  valley  of  the  Mississ 
ippi  will  have  a  population  equal  in  density  to  that  of  some  of 
the  older  States  of  the  Union  ;  and  for  fifty  years,  at  least,  our^ 
people  should  not  pass  beyond  their  present  limits.  And  in 
this  connection  he  has  introduced  the  Texas  question.  In  re 
gard  to  that  question,  all  I  have  now  to  say  is,  '  that  sufficient 
unto  the  day  is  the  evil  thereof.'  I  have  no  opinion  to  express 
at  this  time  on  the  subject.  But  this  I  believe  :  Providence 
has  given  to  the  American  people  a  great  and  glorious  mission 
to  perform,  even  that  of  extending  the  blessings  of  Christianity 
and  civil  and  religious  liberty  over  the  whole  North  American 
continent.  Within  less  than  fifty  years  from  this  moment,  there 
will  exist  one  hundred  millions  of  free  Americans  between  the 
Atlantic  and  the  Pacific  oceans.  This  will  be  a  glorious  specta- 


352  LIFE   AND   SEE  VICES    OF   JAMES    BUCHANAN. 

cle  to  behold  ;  the  distant  contemplation  of  it  warms  and  ex 
pands  the  bosom.  The  honorable  senator  seems  to  suppose 
that  it  is  impossible  to  love  our  country  with  the  same  ardor 
when  its  limits  are  so  widely  extended.  I  cannot  agree  with 
him  in  this  opinion.  I  believe  an  American  citizen  will,  if  pos 
sible,  more  ardently  love  his  country,  and  be  more  proud  of  its 
power  and  glory,  when  it  shall  be  stretched  out  from  sea  to  sea, 
than  when  it  was  confined  to  a  narrow  strip  between  the  Atlantic 
and  the  Alleghanies.  The  Almighty  has  implanted  in  the  very 
nature  of  our  people  that  spirit  of  progress,  and  that  desire  to 
roam  abroad,  and  seek  new  homes,  and  new  fields  of  enterprise, 
which  characterises  them  above  all  other  nations,  ancient  or 
modern,  which  have  ever  existed.  This  spirit  cannot  be  repress 
ed.  It  is  idle  to  talk  of  it.  You  might  as  well  attempt  to 
arrest  the  stars  in  their  courses  through  heaven.  The  same 
Divine  power  has  given  impulse  to  both.  What,  sir  1  prevent 
the  American  people  from  crossing  the  Rocky  Mountains.  You 
might  as  well  command  Niagara  not  to  flow.  We  nrust  fulfill 
our  destiny.^  The  question  presented  by  the  senator  fioin  New 
Jersey  is,  whether  we  shall  vainly  attempt  to  interpose  obsta 
cles  to  our  own  progress,  and  passively  yield  up  the  exercise  of 
our  rights  beyond  the  mountains,  on  the  consideration  that  it  is 
impolitic  for  us  ever  to  colonize  Oregon.  To  such  a  question 
I  shall  give  no  answer.  But,  says  he,  it  would  be  expensive  to 
the  treasury  to  extend  to  Oregon  a  territorial  government.  No 
matter  what  may  be  the  expense,  the  thing  will  eventually  be 
done  j  and  it  cannot  be  prevented,  though  it  may  be  delayed 
for  a  season." 

Mr.  Buchanan  was  one  of  the  earliest,  most  consistent,  and 
steady  advocates  of  the  annexation  of  Texas,  and  in  his 
speech  defending  the  policy  of  this  act,  he  took  a  survey  of 
the  varied  interests  upon  which  it  would  have  an  influence, 
which  probably  does  more  to  give  his  mind  the  stamp  of  en 
larged  statesmanship,  than  any  other  speech  ho  ever  delivered. 


ANNEXATION   OF   TEXAS.  353 

If  anything  were  wanting  to  show  that  his  remarks  exhibited 
that  profound  knowledge  of  human  affairs  which  enables  great 
minds  to  grasp  the  future  with  all  the  confidence  of  reality,  it 
is  that  time  has  affixed  the  seal  of  confirmation  to  their  correct 
ness.  In  opening  his  speech  upon  this  important  subject,  he 
said  : 

"  Mr.  President :  The  present  is  a  question  of  transcendent 
importance.  For  weal  or  for  woe — for  good  or  for  evil,  it  is 
more  momentous  than  any  question  which  has  been  before  the 
Senate  since  my  connection  with  public  affairs.  To  confine  the 
consequences  of  our  decision  to  the  present  generation  would 
be  to  take  a  narrow  and  contracted  view  of  the  subject.  The 
life  of  a  great  nation  is  not  to  be  numbered  by  the  few  and 
fleeting  years  which  limit  the  period  of  man's  existence.  The 
life  of  such  a  nation  must  be  counted  by  centuries  and  not  by 
years  1  '  Nations  unborn  and  ages  yet  behind '  will  be  deeply 
affected  in  their  moral,  political,  and  social  relations,  by  the 
final  determination  of  this  question.  Shall  Texas  become  a 
part  of  our  glorious  confederacy  ;  shall  she  be  bone  of  our 
bone  and  flesh  of  our  flesh  ;  or  shall  she  become  our  dangerous 
and  hostile  rival  ?  Shall  our  future  history  and  that  of  hers 
diverge  more  and  more  from  the  present  point,  and  exhibit 
those  mutual  jealousies  and  wars,  which,  according  to  the 
history  of  the  world,  have  ever  been  the  misfortune  of  neigh 
boring  and  rival  nations  ;  or  shall  their  history  be  blended 
together  in  peace  and  harmony  ?  These  are  the  alternatives 
between  which  we  must  decide.  I  do  not  mean,  by  these 
remarks,  merely  to  refer  to  the  vote  of  the  Senate,  which  will 
be  recorded  to-day  upon  the  treaty  ;  but  to  that  ultimate  and 
final  decision  of  the  question7,  which  must  be  made  within  a 
brief  period.7'  ***** 

Mr.  Buchanan  went  fully  into  all  the  questions  bearing  on  the 
policy  of  annexation.  He  observed  that  Texas  would  be  an, 


354  LIFE   AND   SERVICES   OF   JAMES    BUCHANAN. 

important  security  and  advantage  to  our  southwestern  frontier; 
that  England  would  be  enabled  to  make  with  her  commercial 
treaties  which  would  injure  the  general  welfare  of  the  Union, 
while  her  annexation  to  us  would  greatly  increase  our  internal 
commerce,  extend  the  market  for  our  domestic  manufactures, 

g 

and  preserve  to  the  United  States  one  of  the  finest  cotton- 
*  growing  countries  of  the  earth. 

"  Whilst  the  annexation  of  Texas,"  said  Mr.  Buchanan, 
"  would  afford  that  security  to  the  southern  and  southwestern 
slave  States,  which  they  have  a  right  to  demand,  it  would,  in 
some  respects,  operate  prejudicially  upon  their  immediate  pecu 
niary  interests  ;  but  to  the  middle  and  western,  and  more  espe 
cially  to  the  New  England  States,  it  would,  in  my  opinion,  be 
a  source  of  unmixed  prosperity.  It  would  extend  their  com 
merce,  promote  their  manufactures,  and  increase  their  wealth. 
The  New  England  States  resisted,  with  all  their  power,  the 
acquisition  of  Louisiana  ;  and  I  ask  what  would  those  States 
have  been  at  this  day  without  that  territory  ?  They  will  also 
resist  the  annexation  of  Texas  with  similar  energy  ;  although, 
after  it  has  been  acquired,  it  is  they  who  will  reap  the  chief 
pecuniary  advantages  from  the  acquisition." 

Mr.  Buchanan  closed  his  speech  by  urging  immediate  action, 
and  stated  that  had  Mr.  Jefferson  delayed  one  month  in  his 
acquisition  of  Louisiana,  that  valuable  and  fertile  territory 
would  not  have  been  obtained  probably  without  an  expensive 
and  bloody  war.  The  annexation  was  now  before  the  Senate 
in  the  form  of  a  treaty,  and  not  receiving  the  constitutional 
majority,  it  failed  of  being  ratified.  The  final  result,  however, 
was  not  changed,  in  fact  postponed  for  only  a  few  months. 
The  present  session  adjourned  on  the  17th  of  June,  1844,  and 
the  next  one  convened  on  the  2d  of  December  following.  Then 
the  annexation  of  Texas  came  up  in  the  form  of  a  joint  resolu* 
tion.  The  election  of  James*  K.  Polk  had  been  accomplished  ; 


ANNEXATION   OF   TEXAS.  355 

fche  annexation  of  Texas  had  been  an  issue  before  the  people,  and 
favorably  received,  and  the  democracy  were  again  coming  into 
power.  All  these  things  combining  rendered  the  annexation  of 
Texas  a  certainty.  The  present  Congress,  therefore,  made  a 
virtue  of  necessity,  and  just  before  Mr.  Tyler  retired  from  office, 
received  Texas  into  the  American  Union  upon  a  joint  resolu 
tion;  It  may  be  remarked  that  Mr.  Buchanan  was  the  only 
member  of  the  Committee  on  Foreign  Relations  in  the  Senate 
to  whom  the  subject  was  referred,  who  reported  favorably  upon 
the  admission.  The  vote  upon  the  annexation  of  Texas  com 
pleted  Mr.  Buchanan's  senatorial  career,  and  it  will  ever  be  an 
honor  to  him,  that  he  crowned  his  ten  years  of  devotion  to  the 
interests  of  his  country  in  the  highest  branch  of  its  legislative 
body,  by  an  act  so  important  and  valuable  in  its  results. 


356  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 


CHAPTER    XX. 

Mr.  Buchanan  as  Secretary  of  State — The  War  with  Mexico — The  Oregon  Boundary 
Negotiation — Treaty  with  Mexico — The  Acquisition  of  California — The  Irish  Revolu 
tion  of  1848— Mr.  Buchanan's  Denial  of  British  Demands. 

TH.E  campaign  of  1844,  placed  James  K.  Polk  in  the  presi 
dential  chair.  The  annexation  of  Texas  had  been  disposed  of, 
but  there  were  other  questions  of  great  importance  still  unde 
cided,  which  if  not  managed  with  decision  and  energy,  might 
involve  a  sacrifice  of  our  rights.  Our  relations  with  Great 
Britain  and  Mexico  were  in  a  very  unsettled  state,  and  Mr. 
Polk,  justly  considering  that  he  needed  a  statesman  of  tried 
ability  and  of  unflinching  patriotism  to  fill  the  important  post, 
the  head  of  the  State  Department,  and  considering  also  the 
respect  due  to  the  eminent  man  who  had  been  the  hero  in  so 
many  a  hard  fought  democratic  battle,  then  in  retirement  at 
the  Hermitage,  felt  it  his  duty  to  consult  him  in  regard  to  the 
disposition  of  the  portfolio  of  his  chief  cabinet  appointment. 
It  was  an  honor,  therefore,  to  Mr.  Buchanan,  but  one  of 
which  he  was  justly  deserving,  that  that  man  of  profound 
sagacity  and  of  pure  patriotism  designated  him  as  the  proper 
person  to  occupy  this  responsible  position.  Mr.  Buchanan 
being  thus  invited  to  accept  the  chair  of  the  Secretary  of 
'State  in  Mr.  Polk's  cabinet,  resigned  his  position  as  senator 
from  Pennsylvania,  a  place  he  had  for  ten  years  filled  with 
so  much  honor  to  himself  and  so  much  acceptance  to  his 
constituents,  and  entered  upon  the  duties  of  his  new  office. 

It  would  be  quite  impossible  in  the  limits  of  this  volume  to 


THE  OKEGON  BOUNDARY  NEGOTIATION.       357 

give  anything  like  a  detail  of  the  various  and  important  papers 
which  it  became  his  duty  to  prepare  while  connected  with  the 
State  department.  It  might  be  almost  enough  to  say  that  he 
occupied  the  chief  position  in  that  cabinet  which  conducted  the 
brilliant  campaign  in  Mexico,  and  which  first  planted  the  stars 
and  stripes  in  California.  A  brief  resume,  however,  of  Mr. 
Buchanan's  acts  while  Secretary  of  State,  will  be  necessary,  in 
order  to  show  how  much  the  country  is  indebted  to  him  for  the 
valuable  acquisitions  of  a  new  territory  which  has  in  fact  almost 
changed  the  face  of  modern  society.  The  gold  of  California  has 
been  to  this  era  what  the  mines  of  Mexico  and  Peru  were  to 
Europe  when  Spain,  by  the  brilliancy  of  her  achievements,  was 
the  leading  nation  of  the  world  in  all  those  daring  and  adven 
turous  enterprises  which  for  so  many  years  linked  the  name  of 
Castilian  with  all  that  was  enthusiastic  and  bold.  Had  not  the 
foresight  of  such  statesmen  seen  beyond  the  limits  of  the  pre 
sent  hour,  California  might  have  fallen  into  the  hands  of  Eng 
land,  and  the  glorious  future  which  will  enable  us  eventually  to 
clasp  the  trade  both  of  the  East  and  the  West  Indies  as  ours, 
would  have  been  obscured,  perhaps  forever. 

The  first  negotiation  which  demanded  the  attention  of  Mr. 
Buchanan  after  he  assumed  the  duties  of  his  office,  was  the ''set 
tlement  of  our  northwestern,  or  Oregon  boundary.  Mr.  B.  had 
long  held  the  firm  opinion  that  our  title  to  that  territory  was 
clear  and  indisputable  up  to  the  parallel  of  54°  40  minutes. 
Upon  commencing  the  duties  of  his  office,  however,  he  found 
several  embarrassments  in  his  way  which  were  not  easily  obvi 
ated.  It  will  be  recollected  that  he  took  strong  ground  against 
the  ratification  of  Mr.  Webster's  treaty  with  Lord  Ashburton 
in  1842,  and  one  of  the  reasons  he  then  gave  for  his  course  was, 
that  the  adoption  of  the  treaty  would  embarrass  negotiations  in 
regard  to  the  Oregon  boundary.  Little  did  he  think  at  the 
time  that  upon  his  shoulders  would  fall  this  embarrassment. 
There  was  still  another  difficulty  which  the  administration  of 
Mr.  Polk  experienced.  The  negotiations  had  been  commenced 


358  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

under  Mr.  Tyler,  who  had  offered  to  settle  the  line  on  the 
parallel  of  49°  north  latitude,  and  this  offer  could  not  be  with 
drawn  abruptly  ;  indeed  courtesy  demanded  that  the  new 
administration  should  renew  it.  After  reviewing  our  title  to 
Oregon,  in  his  first  protocol  to  Mr.  Pakenham,  the  British 
minister,  Mr.  Buchanan  says  : 

"  In  view  of  these  facts,  the  President  has  determined  to 
pursue  the  present  negotiation  to  its  conclusion  upon  the  prin 
ciple  of  compromise  in  which  it  was  commenced,  and  to  make 
one  more  effort  to  adjust  this  long  pending  controversy.  In 
this  determination,  he  trusts  that  the  British  government  will 
recognize  his  sincere  and  anxious  desire  to  cultivate  the  most 
friendly  relations  between  the  two  countries,  and  to  manifest  to 
the  world  that  he  is  actuated  by  a  spirit  of  moderation.  He 
has  therefore  instructed  the  undersigned  again  to  propose  to  the 
government  of  Great  Britain  that  the  Oregon  territory  shall  be 
divided  between  the  two  countries  by  the  forty-ninth  parallel 
of  north  latitude  from  the  Rocky  Mountains  to  the  Pacific 
Ocean  ;  offering  at  the  same  time  to  make  free  to  Great  Britain 
any  port  or  ports  on  Vancouver's  Island  which  the  British  gov 
ernment  may  desire.  He  trusts  that  Great  Britain  may  receive 
this  proposition  in  the  friendly  spirit  by  which  it  was  dictated, 
and  that  it  may  prove  the  stable  foundation  of  lasting  peace 
and  harmony  between  the  two  countries." 

The  protocol  from  which  this  extract  is  taken  was  dated  July 
12th,  1845.  It  went  over  the  grounds  in  dispute,  briefly  re 
capitulating  the  main  points  of  the  controversy.  Mr.  Paken 
ham  replied  to  it  on  the  29th  of  the  same  month,  declining  in 
a  somewhat  hasty  manner  the  offer.  Mr.  Buchanan  did  not 
reply  until  the  30th  of  August  ;  but  when  he  did,  it  was  in  a 
letter  of  great  historical  accuracy,  carefully  and  even  techni 
cally  elaborated,  and  with  such  a .  firm  and  decided  spirit  ani 
mating  it  from  beginning  to  end,  that  the  British  government 
were  convinced  that  it  would  not  do  to  trifle  further  with  Mr. 


THE  OKEGON  BOUNDARY  NEGOTIATION.       359 

Folk's  administration.     In  closing  this  long,  able,  and  argu 
mentative  historical  paper,  Mr.  Buchanan  says  : 

"  Such  a  proposition  as  that  which  has  been  made  never 
would  have  been  authorized  by  the  President  had  this  been  a 
new  question.  Before  his  accession  to  office  he  found  the  pre 
sent  negotiation  pending.  It  had  been  instituted  in  the  prin 
ciple  and  with  the  spirit  of  compromise.  Its  object,  as  avowed 
by  the  negotiators,  was  not  to  demand  the  whole  territory  in  dis 
pute  for  either  country,  but  in  the  language  of  the  first  protocol, 
'  to  treat  of  the  respective  claims  of  the  two  countries  to 
Oregon  territory,  with  a  view  to  establish  a  permanent  boun 
dary  between  them  westward  of  the  Rocky  Mountains  to  the 
Pacific  Ocean.'  Placed  in  this  position,  and  considering  that 
Presidents  Monroe  and  Adams  had  on  former  occasions  offered 
to  divide  the  territory  in  dispute,  by  the  forty-ninth  parallel  of 
latitude,  he  felt  it  to  be  his  duty  not  abruptly  to  arrest  the 
negotiation,  but  so  far  to  yield  his  own  opinion  as  once  more  to 
make  a  similar  offer.  Not  only  respect  for  the  conduct  of  his 
predecessors,  but  a  sincere  and  anxious  desire  to  promote  peace 
and  harmony  between  the  two  countries,  influenced  him  to  pur- 
Bue  this  course.  The  Oregon  question  presents  the  only  inter 
vening  cloud  which  intercepts  the  prospect  of  a  long  career  of 
mutual  friendship  and  beneficial  commerce  between  the  two 
nations,  and  this  cloud  he  desires  to  remove. 

"  These  are  the  reasons  which  actuated  the  President  to 
offer  a  proposition  so  liberal  to  Great  Britain.  And  how  has 
this  proposition  been  received  by  the  British  plenipotentiary  ? 
It  has  been  rejected  without  even  a  reference  to  his  own  gov 
ernment.  Nay,  even  more.  The  British  plenipotentiary,  to 
use  his  own  language,  '  trusts  that  the  American  plenipotentiary 
will  be  prepared  to  offer  some  other  proposal  for  the  settle 
ment  of  the  Oregon  question,  more  consistent  with  fairness 
and  equity,  and  with  the  reasonable  expectations  of  the  British 
government.  Under  such  circumstances,  the  undersigned  is  ii> 


3GO  LIFE    AND    SERVICES    OF   JAMES 

Btructed  by  the  President  to  say,  that  he  owes  it  to  his  country 
and  a  just  appreciation  of  her  title  to  the  Oregon  territory,  to 
withdraw  the  proposition  to  the  British  government  which  had 
been  made  under  his  direction  ;  and  it  is  hereby  accordingly 
withdrawn.'  In  taking  this  necessary  step,  the  President  still 
cherishes  the  hope  that  this  long  pending  controversy  may  yet 
be  finally  adjusted  in  such  a  manner  as  not  to  disturb  the  peace 
or  interrupt  the  harmony  now  so  happily  subsisting  between 
the  two  nations." 

This  decidedly  spirited  and  even  indignant  reception  of  Mr. 
Pakenham's  note  convinced  the  British  government  that  the 
United  States  were  determined  to  maintain  their  rights,  and 
not  long  after  it  came  forward  itself  with  the  proposal  to  settle 
the  boundary  as  Mr.  Polk  had  at  first  offered.  This  it  declared 
to  be  its  ultimatum.  Here  was  a  dilemma.  For  the  Presi 
dent  not  to  accept  a  proposition  which  he  once  offered  him 
self,  would  seem  like  going  to  war  merely  on  a  point  of  eti 
quette,  yet  to  accept  it  would  not  be  in  accordance  with  his 
own  views  or  those  of  his  cabinet.  The  Senate,  however,  was 
in  session,  and  as  this  is  a  part  of  the  treaty  making  power 
of  our  government,  Mr.  Polk  wisely  resolved  to  submit  the 
projet  of  the  treaty  to  that  body,  and  take  its  advice  on  the 
subject.  The  offer  of  Great  Britain  was  therefore  sent  to  the 
Senate,  where,  after  due  deliberation,  a  resolution  was  passed, 
advising  Mr.  Polk  to  accept  the  proposition.  Thus,  at  length 
ended  the  famous  Oregon  controversy,  which  had  been  suddenly 
terminated  doubtless  solely  by  the  decided  stand  which  Mr. 
Buchanan  had  taken  in  asserting  our  rights  and  in  rejecting  at 
the  very  outset  anything  like  trifling  in  the  negotiation. 
**  The  management  of  the  negotiation  connected  with  the 
Mexican  war,  was,  however,  the  most  intricate  in  its  details,  as 
it  was  the  most  important  in  its  results  of  any  that  came  be- 
fore  Mr.  Buchanan  while  a  member  of  Mr.  Polk's  cabinet.  The 
forbearance  we  had  exercised  towards  Mexico  had  been  con- 


TREATY   WITH   MEXICO.  361 

strued  by  that  power  into  pusillanimity,  perhaps,  even  cowardice. 
Like  a  degenerated  family,  vanity  had  usurped  the  place  of  the 
courage  and  bravery  of  its  ancestors,  and  it  had  the  hardihood 
even  to  attack  Americans  upon  American  soil.  It  is  needless  to 
say  that  the  descendants  of  a  Washington  and  a  Hancock 
never  so  nobly  vindicated  their  patriotism  and  bravery.  Con 
gress  authorized  the  acceptance  of  a  volunteer  force  of  ten 
thousand  men,  and  no  less  than  fifty  thousand  offered  their  ser 
vices.  The  delicacy  in  selecting  from  the  number  eager  to 
enroll  themselves  in  defence  of  the  rights  of  their  country  was 
exceedingly  embarrassing,  and  it  is  doubtful  whether  some 
slight  feeling  may  not  exist  even  yet  among  the  rejected  against 
Mr.  Buchanan  and  other  members  of  Mr.  Folk's  cabinet,  be 
cause  they  were  compelled  to  deny  them  the  privilege  of  engag 
ing  in  the  fight  1 

Constant  negotiations,  however,  were  kept  up  with  Mexico, 
and  repeated  offers  made  to  bring  the  difficulties  to  a  termina 
tion,  but  she  would  not  submit  until  her  people  saw  the  stars 
and  stripes  waving  from  the  halls  of  the  Montezumas.  During 
the  whole  of  the  protracted  and  tedious  negotiation,  which 
finally  resulted  in  a  peace  both  honorable  and  advantageous  to 
our  country,  Mr.  Buchanan  displayed  a  degree  of  consummate 
statesmanship  which  demonstrated  his  appreciation  of  the 
wants  and  interests  of  his  nation.  In  his  letter  of  instruction 
to  Hon.  John  Slidell,  minister  to  Mexico,  he  said  : 

"  The  nations  of  the  continent  of  America  have  interests 
peculiar  to  themselves.  Their  free  forms  of  government  are 
altogether  different  from  the  monarchical  institutions  of  Europe. 
The  interest  and  independence  of  these  sister  nations  require  that 
they  should  establish  and  maintain  an  American  system  of 
policy  for  t*°,ir  own  protection  and  security,  entirely  distinct 
from  that  which  has  so  long  prevailed  in  Europe.  To  tolerate 
any  interference  on  the  part  of  European  sovereigns  with  con 
troversies  in  America  ;  to  permit  them  to  apply  the  worn  out 
dogma  of  the  balance  of  power  to  the  free  States  on  this  coa- 

16 


362  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

tinent ;  and  above  all,  to  suffer  them  to  establish  new  colonies 
of  their  own,  intermingled  with  our  free  republics,  would  be  to 
make  to  tlje  same  extent  a  voluntary  sacrifice  of  our  independ 
ence.  These  truths  ought  everywhere  throughout  the  continent 
of  America  to  be  pressed  upon  the  public  mind.  If  therefore  in 
the  course  of  your  negotiations  with  Mexico  that  government 
should  propose  the  mediation  or  guarantee  of  any  European 
power,  you  are  to  reject  the  proposition  without  hesitation. 
The  United  States  will  never  afford,  by  their  conduct,  the 
slightest  pretext  for  any  interference  in  that  quarter  in  American 
concerns.  Separated  as  we  are  from  the  Old  World  by  a  vast 
ocean,  and  still  further  removed  from  it  by  the  nature  of  our 
republican  institutions,  the  march  of  free  governments  on  this 
continent  must  not  be  trammelled  by  the  intrigues  and  selfish 
interests  of  European  powers.  Liberty  here  must  be  allowed 
to  work  out  its  natural  results  ;  and  these,  ere  long,  will  asto 
nish  the  world.  Neither  is  it  for  the  interests  of  those  powers 
to  plant  colonies  on  this  continent.  No  settlement  of  the  kind 
can  exist  long.  The  expansive  energy  of  our  free  institutions 
must  soon  spread  over  them.  The'  colonists  themselves  will 
break  from  the  mother  country  to  become  free  and  indepen 
dent  States.  Any  European  nation  which  should  plant  a 
new  colony  on  this  continent,  would  thereby  sow  the  seeds 
of  tcoubles  and  uproars,  the  injury  from  which  even  to  her 
own  interests,  would  far  outweigh  all  the  advantages  which 
she  could  possibly  promise  herself  from  any  such  establish 
ment." 

It  seems  every  true  American  and  real  lover  of  liberty 
and  free  institutions  will  instinctively  respond  to  the  noble 
sentiments  contained  in  this  extract.  Mr.  Buchanan's  mind 
appears  to  grasp  the  entire  destiny  of  this  continent,  and  to 
see  it  in  the  distant  future  as  the  spot  where  mankind  shall 
live  in  harmony  with  their  created  adaptations,  and  be  "re 
deemed,  regenerated,  and  disenthralled "  from  the  corruption, 


THE   IRISH   REVOLUTION   OF   1848.  363 

degradation,  and  misery  which  royal  tyrants  have  imposed  upon 
them. 

Another  important  discussion  which  occurred  during  Mr. 
Buchanan's  secretaryship  was  one  with  the  British  government 
in  regard  to  American  citizens  said  to  have  been  engaged  in  the 
Irish  revolution  of  1848.  England  claimed  the  right  to  try 
individuals  for  treason  to  her  own  government  who  were  duly 
naturalized  citizens  of  ours — in  a  word  it  was  her  old  impress 
ment  doctrine  of  once  a  British  subject  always  a  British  sub 
ject.  The  controversy  arose  in  the  following  manner.  Two 
gentlemen,  Messrs.  Bergen  and  Ryan,  had  expressed  themselves 
in  this  country  as  warmly  sympathizing  with  the  cause  of  Ire 
land,  and  while  on  a  visit  to  that. country  were  arrested  solely 
for  the  utterance  of  their  opinions  in  this  country.  It  is  almost 
needless  to  say  that  an  act  so  high-handed  and  outrageous 
received  from  Mr.  Buchanan  the  attention  it  deserved.  In  a  letter 
of  instruction  to  Mr.  Bancroft  then  minister  to  England  he  says  : 

"  Whenever  the  occasion  may  require  it,  you  will  resist  tho 
the  British  doctrine  of  perpetual  allegiance  and  maintain  the 
American  principle  that  British  native-born  subjects,  after  they 
have  been  naturalized  under  our  laws,  are,  to  all  intents  and 
purposes,  as  much  American  citizens,  and  entitled  to  the  same 
degree  of  protection,  as  though  they  had  been  born  in  the 
United  States." 

Mr.  Bancroft  in  accordance  with  these  instructions  addressed 
a  letter  to  Lord  Palmerston  denying  the  right  of  the  British 
government,  under  the  circumstances,  to  arrest  Messrs.  Bergen 
and  Ryan,  and  the  effect  of  this  decided  action  on  the  part  of 
our  government  was  the  liberation  of  the  two  gentlemen  from 
custody. 

At  few  periods  of  our  history  have  there  been  so  many  or  im 
portant  interests  at  stake  both  at  home  and  abroad  as  during 
the  four  years  that  Mr.  Buchanan  continued  in  Mr.  Folk's 
cabinet.  An  empire  was  added  to  our  own  domain.  The  coun- 


364:  LIFE  .AND    SERVICES   OF   JAMES   BUCHANAN. 

try  was  safely  and  honorably  conducted  through  the  first  for 
eign  war,  of  any  importance,  in  which  we  had  ever  been  involved. 
Our  relations  with  England  had  been  adjusted  in  a  manner 
satisfactory  to  our  citizens,  and  while  the  thrones  of  Europe  had 
tottered  to  their  very  foundations,  the  basis  of  the  only  free 
government  on  earth  had  been  strengthened,  and  its  position 
made  more  honorable  in  the  sight  of  the  world.  The  light  of 
our  beneficent  example  had  shed  its  rays  over  the  Atlantic 
where,  as  silent  as  the  light  of  Heaven  in  its  influence,  yet  as 
powerful  as  a  thunderbolt  in  its  effect,  it  is  yet  destined  to 
awake  the  slumbering  energies  of  the  people,  and  nerve  them 
to  inflict  upon  their  oppressors  the  just  vengeance  with  which 
a  retributive  Providence  as  .surely  punishes  the  sins  of  nations 
as  of  individuals. 

When  Mr.  Buchanan  left  the  State  department  our  country 
was  at  peace,  both  at  hpme  and  abroad.  Our  territory  had 
v  been  enlarged,  and  our  commerce  extended.  Not  long  after, 
untold  riches  were  flowing  into  the  country,  prosperity  was 
everywhere  visible,  our  cities  were  growing  with  unexampled 
rapidity,  the  fertile  prairies  of  the  West  were  being  intersected 
with  railroads,  and  dotted  with  villages,  and  an  impulse  had 
been  universally  given  to  business,  which  no  one  can  deny  was 
directly  owing  to  the  statesmanlike  foresight  that  had  opened 
California  to  the  adventurous  spirit  of  American  genius  and 
enterprise. 


REVIEW   OF  HIS   SENATORIAL  LIFE.  365 


CHAPTER    XXI. 

Ten  years  in  the  Senate — A  Review  6f  Mr.  Buchanan's  Senatorial  Life — His  Position  on 
the  Bank  Question — As  a  Friend  of  Gen.  Jackson — The  true  Test  of  Statesmanship— 
The  Slavery  Question — The  Proscription  of  Foreigners — Mr.  Buchanan's  Four  Years 
as  Secretary  of  State. 

AND  here  it  may  be  interesting  to  review  briefly  the  career 
of  Mr.  Buchanan —  a  career,  which,  for  consistency  of  principle 
or  for  devotion  to  the  public  interests,  finds  no  superior  in  the 
whole  range  of  American  statesmen.  He  entered  the  Senate 
when  Clay,  Webster,  Calhoun,  and  Wright  were  the  mighty 
intellects  which  swayed  that  body,  and  he  immediately  took 
rank  among  them  as  a  debater,  whose  blows,  if  not  so  brilliant 
in  style,  were  even  more  effectual  in  execution.  There  is  one 
feature  of  Mr.  Buchanan's  speeches  which  is  very  remarkable. 
It  is  the  absence  of  all  display,  of  all  attempts  to  benefit  his 
cause  by  any  of  those  adventitious  aids  which  oratory  furnishes. 
He  never,  even  in  argument  or  style,  attempts  the  ad  captan- 
dum  vulgus,  but  with  a  firm  reliance  on  the  power  of  plain, 
outspoken  truth,  he  appeals  to  the  common  sense  rather  than 
to  the  fancy  or  imagination.  Even  where  almost  every  person 
might  be  excused  for  indulging  in  rhetorical  metaphors,  Mr. 
Buchanan  adheres  strictly  to  plain,  yet  graceful  and  elegant 
language.  There  is  no  sign  of  a  desire  to  catch  the  breath  of 
temporary  applause,  but  firm,  dignified,  and  impressive  in  ad 
vancing  his  opinions,  as  he  is  resolute  and  energetic  in  main 
taining  them,  he  presents  by  his  urbanity  in  debate,  and  purity 
of  patriotism,  the  model  of  an  American  senator. 

When  he  entered  the  Senate  in  1834,  the  great  battle  that 


366  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN-. 

prostrated  what  wonld  have  undoubtedly  grown  into  a 
moneyed  aristocracy  had  been  victoriously  fought.  The  dis 
cussion  and  settlement  of  the  policy  of  the  general  government 
in  regard  to  the  currency  question,  is  one  of  the  most  interest 
ing  and  instructive  in  the  whole  history  of  our  existence  as  a 
nation.  It  had  to  contend  against  precedents.  Some  of  the  very 
founders  of  our  government  had  approved  a  National  Bank, 
and  it  was  difficult,  and  sometimes  almost  impossible,  to  get 
before  the  people  the  circumstances  *  and  facts  connected  with 
such  approval.  The  democracy  were  in  favor  of  letting 
banks,  like  all  other  institutions,  take  care  of  themselves 
without  assistance  or  alliance  with  the  general  government. 
They  wished  to  keep  the  federal  government  where  it 
belonged  ;  confined  to  the  few  plainly  delegated  powers  given 
it  by  the  Constitution,  and  leave  each  State  to  manage  all  its 
Snaucial,  business  and  domestic  regulations,  without  being 
inder  -the  influence  of  a  central  power,  which  might  almost  at 
any  moment  become  a  consolidated  oligarchy.  It  is  an  agree 
able  reflection  that  their  views  have  now  been  so  generally 
acquiesced  in. 

And  here  we  have  the  touchstone  that  has  always  divided 
political  parties  in  this  country.  No  matter  what  may  be  the 
particular  question,  be  it  banks,  commerce,  or  negro  slavery, 
this  is  the  rock  upon  which  they  split.  The  democracy  from 
the  days  of  Jefferson,  as  fast  as  the  different  questions  of  public 
policy  have  been  made  issues  before  the  people,  have  resolutely 
contended  for  a  strict  construction  of  the  Constitution.  From 
the  day  that  Mr.  Buchanan  entered  public  life  until  the  pre 
sent,  he  has  approved  this  policy  ;  at  least,  after  a  careful 
perusal  of  the  congressional  record  we  have  not  observed  a 
single  vote  of  his  upon  questions  where  the  issue  was  involved 
antagonistic  to  this  position.  He  has  thus  shown  a  devotion 
to  correct  principles  which  endears  him  to  every  friend  of  our 
system  of  government. 

And  more :  in  every  question  before  the  Senate,  he  always 


EEVIEW   OF   HIS    SENATORIAL   LIFE,  367 

espoused  the  cause  of  his  country,  as  contradistinguished  from 
that  spirit  of  timidity  which  General  Jackson  used  to  declare 
would  always  produce  war.  No  man  who  understands  Mr. 
Buchanan's  character  will  suspect  him  of  anything  like  bluster 
ing  or  bravado.  Nor  would  he  appeal  to  the  sword  in  the 
settlement  of  national  disputes,  except  in  the  direst  emergency, 
and  then  it  would  be  with  the  reluctance  of  a  judge  who  is 
compelled  to  sentence  a  criminal  to  death  in  order  to  vindicate 
the  law.  Upon  questions  where  our  dearest  rights,  nay,  even 
our  existence  as  an  independent  nation  is  concerned,  Mr.  Bu-  ' 
chanan  has  always  shown  that  intrepid  spirit,  which  distin 
guishes  every  man  worthy  to  bear  the  name  of  American. 
But  in  questions  of  etiquette,  or  where  no  important  interest  is 
involved,  he  has  always  exhibited  that  generosity  and  forbear- 
ince,  which  a  great  nation,  justly  proud  of  its  strength  and  con- 
Ident  of  its  resources,  can  afford  to  exercise. 

No  one  feature  in  his  life  or  character  is  more  decided  than 
his  respect  and  admiration  for  General  Jackson.  He  was 
among  the  first  to  observe  the  capacity  of  that  distinguished 
man  for  the  office  of  Chief  Magistrate,  and  from  the  very  start 
was  his  firm  and  unwavering  friend.  His  speech  upon  the 
" Expunging  Resolution"  was  a  vindication  of  the  charac 
ter  of  that  much  maligned  man,  which '  will  ever  rank  with 
the  best  delivered  upon  the  floor  of  the  United  States 
Senate.  In  that  effort  there  was  something  to  awaken  his 
feelings,  indeed  there  was  a  pardonable  degree  of  indignation 
in  which  he  might  be  allowed  to  indulge.  A  great  and  patri 
otic  man  had  been  assailed,  without'  the  means  of  defence 
being  afforded  him,  and  one,  indeed,  who,  by  his  acts,  had 
conferred,  as  he  believed,  great  blessings  upon  his  country. 

Upon  all  public  questions  Mr.  Buchanan  was  awarded  a 
leading  part.  We  find  him  the  senator  chosen  to  present  the 
Constitution  for  the  admission  of  Arkansas,  the  champion  of 
democracy  in  the  debate  with  Mr.  Clay  upon  the  bank  ques 
tion,  and  for  several  years  the  head  of  the  most  important 


368  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

committee  of  the  Senate,  that  on  Foreign  Kelations.  In  all 
these  positions  he  acquitted  himself  to  the  entire  satisfaction  of 
his  friends.  Upholding  the  doctrines  of  a  correct  public  policy 
with  an  earnestness  which  showed  his  own  sincerity,  and  with 
an  ability  which  gave  evidence  of  his  capacity  even  for  higher 
and  more  important  duties.  Upon  our  relations  with  Mexico 
he  early  took  a  stand  which  was  at  last  found  necessary  to  be 
adopted  in  order  to  vindicate  our  rights.  To  him  are  we 
indebted  for  the  negotiations  that  have  added  to  our  country  the 
untold  wealth  of  California,  and  indeed,  this  result  could  have 
been  secured  only  by  a  man  who  could  stretch  his  gaze  beyond 
the  narrow  bounds  of  a  petty  statesmanship.  Upon  the  question 
of  the  annexation  of  Texas,  we  see  the  same  evidence  of 
expanded  views,  and  the  same  grasp  of  intellect  which  has  ever 
rendered  real  statesmen  even  greater  benefactors  to  posterity 
than  to  the  periods  in  which  they  lived.  But  Mr.  Buchanan 
needs  no  eulogy.  His  acts,  after  all,  are  the  points  upon  which 
he  must  stand  or  fall.  These  are  the  rigid  evidences  which 
determine  whether  a  man  is  a  statesman  or  not.  The  reputa 
tion  that  a  person  may  acquire  in  life  may  be  merely  adventi 
tious,  and  will  pass  away  as  a  dream  before  the  inexorable 
justice  of  history.  The  newspapers  of  the  day  may  create  a 
fame  which  will  last  for  even  years,  but  posterity  will  judge  of 
men  by  the  advantages  they  have  conferred  upon  it,  and  by 
their  ideas  which  live  and  breathe  as  the  sentiments  of  the 
people  after  they  are  gone.  If  therefore  we  may  judge  of 
the  capacity  of  statesmen  by  the  results,  and,  as  it  were, 
by  the  judgment  of  posterity,  we  submit  that  justice  has 
not  heretofore  been  done  to  Mr.  Buchanan  and  those  who 
acted  with  him  in  the  great  battle  on  the  currency  ques 
tion.  Nor  would  we  disparage  either  Messrs.  Clay  or 
Webster.  They  were  both  men  of  that  giant  mould  and 
undoubted  patriotism  which  we  may  not  soon  expect  to  see 
again.  They  were  noble  leaders — a  Cicero  and  Demosthenes — 
honorable  in  conflict,  generous  to  a  fault,  and  when  at  last 


KEVIEW   OF   HIS   SENATORIAL   LIFE.  369 

defeated,  none  turned  to  them  with  more  heartfelt  sympathy 
than  the  democracy,  who  honored  their  talents,  respected  their 
patriotism,  admired  their  manly  bearing,  and  only  regretted  the 
misfortune  that  had  compelled  them  to  oppose  where  it  would 
have  been  a  pleasure  to  agree,  and  to  condemn  where  it  would 
have  been  a  satisfaction  to  have  admired. 

It  is  a  singular  coincidence  that  Mr.  Buchanan  should  have 
been  brought  up  before  the  people  of  the  United  States  for 
their  suffrages  at  the  very  time  when  the  two  most  prominent 
features  of  his  public  life  are  just  now  the  exciting  questions  in 
issue.  It  seems  as  if  he  had  been  reserved  for  the  occasion. 
We  are  confident  no  man  has  ever  opposed  with  more  deter 
mination  the  spirit  that  would  proscribe  persons  on  account 
of  their  birth-place  or  religion,  or  that  unfortunate  and 
deplorable  delusion  which  has  arrayed  so  many  under  the 
banner  of  sectionalism,  than  Mr.  Buchanan.  We  have  shown 
by  his  speeches  how  early  and  how  earnest  were  his  pro 
tests  against  both  of  these  sentiments.  He  took  his  stand 
upon  the  great  doctrine  of  equal  rights,  and  nobly  declared, 
when  speaking  in  reference  to  tfye  slavery  agitation,  "  I  do  not 
wish  to  sustain  myself  at  home  unless  I  can  do  it  by  granting 
to  the  South  her  constitutional  rights."  He  had  too  much 
patriotism  to  desire  to  make  capital  out  of  a  feeling  which 
he  knew  would  injure  and  perhaps  destroy  his  country.  Every 
inducement  that  ambition  might  hold  out  as  a  temptation  to  him 
was  disregarded,  and  he  resolved,  as  did  Clay  and  Webster, 
that  if  overwhelmed  by  the  cloud  that  was  gathering  in  the 
North,  it  should  be  while  clinging  to  the  Constitution.  It  is  but 
reasonable  to  suppose  that  the  firm  stand  which  Mr.  Buchanan 
took  upon  this  question  has  been  one  of  the  reasons  why  the 
grand  old  democratic  State  of  Pennsylvania  has  been  put  down 
as  invincible,  against  any  force  which  faction  can  bring  against 
her.  There  she  stands  as  a  barrier  to  the  waves  of  Northern 
delusion,  saying,  "  thus  far  thou  shalt  go  and  no  farther."  It  is 
a  worthy  tribute  of  her  devotion  to  the  Constitution  and  the  laws 

16* 


370  LIFE    AND    SERVICES    OF   JAMES   BUCHANAN. 

that  in  this  the  darkest  hour  of  our  history  as  a  government, 
when  men  have  had  the  hardihood  to  combine  upon  narrow 
sectional  issues,  when  they  hare  trampled  under  foot  the  name, 
the  advice,  and  even  the  memory  of  Washington,  that  her 
favorite  son  should  be  chosen  as  the  standard-bearer  in  the  con 
test  between  nationality  and  sectionalism,  between  those  who 
love  the  Union  as  it  is  and  those  who  have  been  laboring  for 
years  with  a  spirit  almost  fiendish  to  produce  estrangement  and 
alienation  between  citizens  of  a  common  country,  whose  inte 
rests  are  identical,  and  whose  destiny  is  the  same. 

The  position  which  Mr.  Buchanan  assumed  in  regard  to  the 
policy  of  our  government  towards  foreigners,  was  taken,  like 
that  of  the  slavery  question,  long  before  there  was  any  political 
party  founded  upon  it.  To  make  distinctions  in  regard  to 
religious  creed  or  birth-place  would  be  to  follow  the  European 
idea  of  castes  or  classes  in  society,  and  be  a  great  departure 
from  the  fundamental  principles  of  our  system. 

We  find  him,  therefore,  in  the  Senate  opposing  those  who 
would  allow  speculators  to  turn  off  from  government  lands  the 
hardy  foreign  emigrant  who  had  braved  a  thousand  dangers  to 
find  in  this  New  World  a  land  where  for  once  he  could  breathe 
freely  the  native  air  of  a  freeman,  and  be  relieved  of  all  those 
odious  statutes  of  favoritism  and  class  legislation  which  had 
oppressed  him  in  the  Old  World,  and  bound  him  down  in  the 
chains  of  slavery.  Every  true  man  will  applaud  him  for  this 
noble  position.  Indeed,  himself  the  son  of  such  a  settler,  he 
would  have  been  not  only  recreant  to  his  duty  as  a  democrat, 
but  to  his  affection  as  a  son,  had  he  so  soon  forgotten  the  gene 
rous  policy  of  the  administration  of  Washington  and  Jefferson, 
and  refused  that  boon  to  others  which  had  been  granted  to  his 
own  father. 

No  man  can  peruse  Mr.  Buchanan's  career  .as  senator  in 
Congress,  and  as  Secretary  of  State,  without  being  forcibly 
struck  with  the  vast  and  important  advantages  he  has  con 
ferred  upon  his  country.  There  is  not  a  prominent  act  of  that 


REVIEW   OF   HIS    SENATORIAL   LIFE.  371 

fourteen  years'  devotion  to  the  public  service  which  is  not 
now  acknowledged  as  right  by  men  of  all  parties,  and  so  fun 
damentally  settled  is  the  policy  of  our  government,  that  no  one 
now  purposes  to  disturb  one  of  them.  Time  has  given  a  tri 
umphant  vindication  of  the  soundness  of  his  judgment,  of  the 
correctness  of  his  statesmanship,  and  of  the  purity  of  his 
patriotism.  In  the  great  and  exciting  question  now  at  issue, 
which  has  absorbed  all  others,  and  brought  upon  a  common 
platform  those  who  have  heretofore  seen  reasons  to  differ  on 
other  subjects,  his  record  is  so  consistent  that  even  his  ene 
mies  do  not  for  a  moment  question  it.  Always  firm  in  his 
political  views,  but  moderate  and  conciliatory  in  expressing 
them,  he  is  just  the  man  whom  all  delight  to  honor,  though 
they  may  have  been  heretofore  compelled  to  differ  with  him 
in  his  political  views  and  opinions.  Next  to  a  firm  friend  is  an 
honorable  opponent  ;  and  that  Mr.  Buchanan  has  always  sus 
tained  the  latter  character,  whether  on  the  floor  of  the  Senate, 
or  in  the  chair  of  the  Secretary  of  State,  no  one  will  attempt 
to  deny. 

In  referring  to  the  latter  position,  it  is  only  necessary  to  say 
that  the  acquisition  of  California  completely  overshadows  all  the 
other  valuable  and  -important  acts  of  Mr.  Folk's  administration. 
To  Mr.  Buchanan  belongs  the  greatest  honor  of  this  achi.eve- 
ment,  and  our  empire  on  the  Pacific  will  and  must  ever  trace 
its  origin  to  the  wise  foresight,  superior  statesmanship,  and 
commanding  talents  of  James  Buchanan. 


372  LIFE   AND   SERVICES    OF   JAMES    BUCHANAN. 


CHAPTER  XXII. 

Mr.  Buchanan  in  private  life — Opposition  to  the  Wilmot  Proviso — Approval  of  the 
Compromise  Measures — Mr.  Buchanan's  position  in  1852 — Mission  to  England — The 
Enlistment  Question— The  Clayton-Bulwer  Treaty— The  Ostend  Meeting— Mr. 
Buchanan's  return  to  the  United  States — His  reception. 

AFTER  the  retirement  of  Mr.  Buchanan  from  Mr.  Folk's 
cabinet,  in  1849,  upon  the  election  of  General  Taylor,  he 
gladly  sought  that  rest  and  quiet  in  private  life,  which  a  long 
and  uninterrupted  devotion  to  the  public  service  rendered 
agreeable  as  well  as  desirable.  He  had  never  sought  public 
honors.  Taken  up  at  an  early  age  by  his  neighbors,  and 
placed  in  public  life,  he  had  there  acquitted  himself  with  such 
honesty,  devotion,  and  singleness  of  purpose,  that  ever  after 
wards,  step  by  step,  his  preferment  came  naturally,  just  as  in 
this  free  country  it  should  come,  by  the  spontaneous  acts  of  the 
people.  He  was  placed  in  the  Senate  by  the  universal  demand 
of  his  State,  and  continued  there  for  the  same  reason.  He  was 
sent  by  General  Jackson  to  Russia  without  the  least  solicitation 
of  himself  or  his  friends.  He  was  called  from  the  Senate  to 
Mr.  Folk's  cabinet,  solely  because  he  possessed  qualifications 
for  the  position  which  were  not  excelled,  if  equalled,  by  any 
democratic  statesman.  Having  thus  never  sought  public  office, 
he  could  retire  to  private  life  with  a  pleasure  unknown  to  those 
who  arc  pleased  with  official  stations.  , 

Mr.  Buchanan  was  not,  however,  an  uninterested  spectator 
of  events.  He  could  not  but  feel  an  interest  in  his  country, 
and  especially  through  that  stormy  time  which  finally  resulted 
in  the  compromises  of  1850.  The  acquisition  of  new  territory 


APPROVAL   OF   THE   COMPKOMISE   MEASURES.  373 

had  again  started  up  the  old  agitation  of  the  power  of  the 
general  government  to  interfere  with  the  status  of  the  negro  in 
the  common  territories  of  the  Union.  That  unconstitutional 
dogma  known  as  the  Wilmot  Proviso,  was  introduced  as  a  bone 
of  contention,  and  was  seized  by  the  anti-slavery  agitators  with 
great  eagerness.  For  a  period  it  obscured  even  the  vision  of 
many  good  democrats,  who  did  not  see  the  noxious  principles 
it  contained,  and  that  the  right  to  pass  such  an  edict  would 
involve  still  more  alarming  and  more  dangerous  powers.  The 
constitutional  democracy  opposed  this  doctrine,  Mr.  Buchanan 
being  among  the  first  to  raise  his  voice  in  opposition  to  it.  He 
proposed  as  a  settlement  the  basis  of  the  act  of  1820,  and 
that  the  Missouri  line  be  extended  to  the  Pacific. 

This  proposition  was  contained  in  his  celebrated  "  Harvest 
Home  Letter,"  but  it  was  universally  condemned  by  the  anti- 
slavery  agitators  of  the  North.  When  the  same  proposition 
was  introduced  into  the  Senate,  which  body  it  passed,  it  was 
voted  down  in  the  House  of  Kepresentatives  by  northern  men, 
of  abolition  proclivities.  By  this  act  they  forced  upon  the  coun 
try  that  terrible  agitation  which  finally  compelled  all  true 
patriots  to  unite  for  a  common  defence.  Mr.  Clay  had  retired 
to  the  quiet  shades  of  Ashland,  to  pass  the  sunset  of  his  life  in 
meditation  and  repose,  but  hearing  the  angry  voices  of  sectional 
strife,  he  rushed  again  to  the  Senate,  and  there,  with  Mr.  Web 
ster,  Gen.  Cass,  and  others  whose- names  which  will  live  forever 
in  our  history,  they  passed  the  Compromise  Measures  of  1850, 
which  were  accepted  by  union  men  everywhere.  However,  much 
we  may  differ  upon  banks,  tariffs,  and  other  measures,  the  lan 
guage  of  these  men  was,  all  good  and  true  men  can  agree  upon 
this  question.  In  establishing  these  compromise  measures,  they 
acknowledged  the  principles  now  incorporated  in  the  Kansas- 
Nebraska  bill,  and  upon  these  principles  the  union  men  of  all 
parties  agreed.  Yet  when  it  became  necessary  to  apply  this 
fundamental  principle  of  government  in  the  territorial  bills  of 
Nebraska  and  Kansas,  an  agitation  again  commenced  which  has 


374:  LIFE  AND   SERVICES   OF  JAMES   BUCHANAN. 

had  no  parallel  in  our  history.  The  very  men  who  in  1848  had 
rejected  the  Missouri  line  as  a  basis  of  settlement — who  had 
declared  that  it  was  an  infamous  measure,  and  that  if  it  was 
right  to  leave  the  question  of  negro  slavery  south  of  this  line  to 
the  people,  it  was  right  to  grant  them  the  same  privilege 
north  of  it,  now  denounced  their  own  principles,  and  declared 
themselves  in  favor  of  that  once  infamous  measure,  the  Missouri 
restriction  !  Political  inconsistency  could  go  no  further. 

After  the  passage  of  the  Compromise  Measures  of  1850,  Mr. 
Buchanan  was  among  the  first  to  endorse  them,  and  to  spread 
throughout  his  State  a  sound  public  sentiment  in  their  favor. 
In  a  letter  to  a  meeting  held  at  Philadelphia,  he  said  that  the 
Missouri  restriction  had  "  passed  away."  All  remember  how 
the  authors  of  these  measures  were  assailed.  Many  of  the 
political  friends  of  Webster  and  Clay  denounced  them  without 
mercy.  No  epithet  was  too  severe  to  be  applied  to  them,  and 
even  Mr.  Webster  was  denied  the  privilege  of  speaking  in 
Fanueil  Hall,  in  defence  of  an  act,  demanded  by  the  Constitu 
tion  of  his  country  I  The  firm  stand  taken  by  such  patriots 
as  Clay,  Webster,  Cass,  and  Buchanan,  however,  finally  quieted 
the  storm. 

And  was  it  not  a  noble  and  a  sublime  sight  ?  For  years  they 
had  been  opponents  upon  nearly  all  prominent  public  questions, 
but  when  a  subject  came  up  which  involved  the  safety  of  their 
country,  they  cast  to  the  winds  all  thoughts  of  personal  ambi 
tion,  and  shoulder  to  shoulder  fought  against  the  surging  tide 
of  sectionalism.  Nothing  more  is  necessary  to  establish  their 
patriotic  love  of  country,  or  their  devotion  to  its  best  interests. 
This  coincidence  of  opinion  among  these  great  men  is  just  now 
worthy  of  remembrance,  for  if  the  opposing  leaders  could  thus 
so  cordially  unite,  there  is  no  reason  why  their  friends  may  not 
lay  aside  every  recollection  of  past  party  contests,  and  come  up 
to  the  defence  of  their  country  and  its  Constitution,  against  a 
spirit  which  would  ruin  the  one  and  destroy  the  other. 
.  The  following  copious  extracts  from  a  letter  written  by  Mr. 


APPKOVAL   OF   THE   COMPROMISE   MEASURES.  375 

Buchanan,  in  November,  1850,  when  invited  to  attend  a  meet 
ing  in  Philadelphia,  give  his  opinions  freely  and  frankly  on  the 
Compromise  Measures  of  1850  : 

"  I  now  say  that  the  platform  of  our  blessed  Union  is  strong 
enough  and  broad  enough  to  sustain  all  true-hearted  Ameri 
cans.  It  is  an  elevated — it  is  a  glorious  platform  on  which  the 
down-trodden  nations  of  the  earth  gaze  with  hope  and  desire, 
with  admiration  and  astonishment.  Our  Union  is  the  star  of 
the  West,  whose  genial  and  steadily  increasing  influence  will  at 
last,  should  we  remain  an'  united  people,  dispel  the  gloom  of 
despotism  from  the  ancient  nations  of  the  world.  Its  moral 
power  will  prove  to  be  more  potent  than  millions  of  armed  'mer 
cenaries.  And  shall  this  glorious  star  set  in  darkness  before  it 
has  accomplished  half  its  mission  ?  Heaven  forbid  1  Let  us 
all  exclaim  with  the  heroic  Jackson,  '  The  Union  must  and  shall 
be  preserved.' 

"  And  what  a  Union  has  this  been  1  The  history  of  the 
human  race  presents  no  parallel  to  it.  The  bit  of  striped  bunt 
ing  which  was  to  be  swept  from  the  ocean  by  a  British  navy, 
according  to  the  predictions  of  a  British  statesman,  previous  to 
the  war  of  1812,  is  now  displayed  on  every  sea,  and  in  every 
port  of  the  habitable  globe.  Our  glorious  stars  and  stripes, 
the  flag  of  our  country,  now  protects  Americans  in  every  clime. 
'  I  am  a  Roman  citizen  1'  was  once  the  proud  exclamation  which 
everywhere  shielded  an  ancient  Roman  from  insult  and  injus 
tice.  'I  am  an  American  citizen  !'  is  now  an  exclamation  of 
almost  equal  potency  throughout  the  civilized  world.  This  is-  a 
tribute  due  to  the  power  and  resources  of  these  thirty-one  United 
States.  In  a  just  cause,  we  may  defy  the  world  in  arms.  We 
have  lately  presented  a  spectacle  which  has  astonished  the 
greatest  captain  of  the  age.  At  the  call  of  their  country,  an 
irresistible  host  of  armed  men,  and  men,  too,  skilled  in  the  use 
of  arms,  sprung  up  like  the  soldiers  of  Cadmus,  from  the  moun 
tains  and  valleys  of  our  confederacy.  The  struggle  among 


376  LIFE   AND   SERVICES   OF   JAMES   BUCHANAN. 

them  was  not  who  should  remain  at  home,  but  who  should 
enjoy  the  privilege  of  enduring  the  dangers  and  privations  of  a 
foreign  war,  in  defence  of  their  country's  rights.  Heaven  forbid 
that  the  question  of  slavery  should  ever  prove  to  be  the  stone 
thrown  into  their  midst  by  Cadmus,  to  make  them  turn  their 
arms  against  each  other,  and  die  in  mutual  conflict. 

****** 

"  The  common  sufferings  and  common  glories  of  the  past,  the 
prosperity  of  the  present,  and  the  brilliant  hopes  of  the  future, 
must  impress  every  patriotic  heart  with  deep  love  and  devotion 
for  the  Union.  Who  that  is  now  a  citizen  of  this  vast  Repub 
lic,  extending  from  the  St.  Lawrence  to  the  Rio  Grande,  and 
from  the  Atlantic  to  the  Pacific,  does  not  shudder  at  the  idea 
of  being  transformed  into  a  citizen  of  one  of  its  broken,  jealous, 
and  hostile  fragments  ?  What  patriot  had  not  rather  shed  the 
last  drop  of  his  blood,  than  see  the  thirty-one  brilliant  stars, 
which  now  float  proudly  upon  her  country's  flag,  rudely  torn 
from  the  national  banner,  and  scattered  in  confusion  over  the 
face  of  the  earth  ? 

"  Rest  assured  that  all  the  patriotic  emotions  of  every  true- 
hearted  Pennsylvanian,  in  favor  of  the  Union  and  Constitution, 
are  shared  by  the  southern  people.  What  battle  field  has 
not  been  illustrated  by  their  gallant  deeds  ;  and  when  in  our 
history,  have  they  ever  shrunk  from  sacrifices  and  sufferings  in 
the  cause  of  their  country  ?  What,  then,  means  the  muttering 
thunder  which  we  hear  from  the  South  ?  The  signs  of  the 
times  are  truly  portentous.  Whilst  many  in  the  South  openly 
advocate  the  cause  of  secession  and  union,  a  large  majority,  as 
I  firmly  believe,  still  fondly  cling  to  the  Union,  awaiting  with 
deep  anxiety  the  action  of  the  North  on  the  compromise  lately 
effected  in  Congress.  Should  this  be  disregarded  and  nullified  by 
the  citizens  of  the  North,  the  southern  people  may  become  united, 
and  then  farewell,  a  long  farewell  to  our  blessed  Union.  I  am  no 
alarmist ;  but  a  brave  and  wise  man  looks  danger  steadily  in 
the  face.  This  is  the  best  means  of  avoiding  it.  I  am  deeply 


APPROVAL    OF  THE   COMPROMISE   MEASURES.         377 

impressed  with  the  conviction  that  the  North  neither  sufficiently 
understands  nor  appreciates  the  danger.  For  my  own  part,  I 
have  been  steadily  watching  its  progress  for  the  last  fifteen 
years.  During  that  period  I  have  often  sounded  the  alarm  ; 
but  my  feeble  warnings  have  been  disregarded.  I  now  solemnly 
declare  as  the  deliberate  conviction  of  my  judgment,  that  two 
things  are  necessary  to  preserve  this  Union  from  danger  : 

" '  1.  Agitation  in  the  North  on  the  subject  of  southern 
slavery  must  be  rebuked  and  put  down  by  a  strong  and 
enlightened  public  opinion. 

"  '  2.  The  Fugitive  Slave  Law  must  be  enforced  in  its  spirit.' 

"  On  each  of  these  points  I  shall  offer  a  few  observations. 

"  Those  are  greatly  mistaken  who  suppose  that  the  tempest 
that  is  now  raging  in  the  South  has  been  raised  solely  by  the 
acts  or  omissions  of  the  present  Congress.  The  minds  of  the 
southern  people  have  been  gradually  prepared  for  this  explosion 
by  the  events  of  the  last  fifteen  years.  Much  and  devotedly  as 
they  love  the  Union,  many  of  them  are  now  taught  to  believe 
that  the  peace  of  their  own  firesides,  and  the  securities  of  their 
families,  cannot  be  preserved  without  separation  from  us. 
The  crusade  of  the  Abolitionists  against  their  domestic 
peace  and  security  commenced  in  1835.  General  Jackson, 
in  his  annual  message  to  Congress,  in  December  of  that 
year,  speaks  of  it  in  the  following  emphatic  language  :  '  I  must 
also  invite  your  attention  to  the  painful  excitement  produced 
in  the  South  by  attempts  to  circulate  through  the  mails  inflam 
matory  appeals,  addressed  to  the  passions  of  the  slaves,  in 
prints  and  various  sorts  of  publications,  calculated  to  stimulate 
them  to  insurrection,  and  produce  all  the  horrors  of  a  servile 
war.' 

"  From  that  period  the  agitation  in  the  North  against 
southern  slavery  has  been  incessant,  by  means  of  the  press,  of 
State  Legislatures,  of  State  and  County  Conventions,  Abolition 
lectures,  and  every  other  method  which  fanatics  and  dema 
gogues  could  devise.  The  time  of  Congress  has  been  wasted 


378  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

in  violent  harangues  on  the  subject  of  slavery.  Inflammatory 
appeals  have  been  sent  forth  from  this  central  point  throughout 
the  country,  the  inevitable  effect  of  which  has  been  to  create 
geographical  parties,  so  much  dreaded  by  the  Father  of  his 
Country,  and  to  estrange  the  northern  and  southern  divisions 
of  the  Union  from  each  other. 

"  Before  the  Wilmot  Proviso  was  interposed,  the  abolition  of 
slavery  in  the  District  of  Columbia  had  been  the  chief  theme  of 
agitation.  Petitions  for  this  purpose,  by  thousands,  from 
men,  women  and  children,  poured  into  Congress,  session  after 
session.  The  rights  and  the  wishes  of  the  owners  of  slaves 
within  the  District,  were  boldly  disregarded.  Slavery  was 
denounced  as  a  national  disgrace,  which  the  laws  of  God  and 
the  laws  of  men  ought  to  abolish,  cost  what  it  might.  It 
mattered  not  to  the  fanatics  that  the  abolition  of  slavery  in  the 
District  would  convert  it  into  a  citadel,  in  the  midst  of  two 
slaveholding  States,  from  which  the  abolitionist  could  securely 
scatter  arrows,  firebrands  and  death,  all.  around.  It  mattered 
not  with  them  that  the  abolition  of  slavery  in  the  District  would 
be  a  violation  of  the  spirit  of  the  Constitution  and  of  the 
implied  faith  pledged  to  Maryland  and  Virginia,  because  the 
wholg  world  knows  that  those  States  would  never  have  ceded 
it  to  the  Union,  had  they  imagined  it  could  ever  be  converted 
by  Congress  into  a  place  from  which  their  domestic  peace  and 
security  might  be  assailed  by  fanatics  and  Abolitionists.  Nay, 
the  Abolitionists  went  even  still  further.  They  agitated  for  the 
purpose  of  abolishing  slavery  in  the  forts,  arsenals  and  navy 
yards  which  the  Southern  States  had  ceded  to  the  Union,  under 
the  Constitution,  for  the  protection  and  defence  of  the 
country. 

"  Thus  stood  the  question  when  the  Wilmot  Proviso  was 
'interposed,  to  add  fuel  to  the  flame,  -and  to  excite  the  southern 
people  to  madness. 

******* 

"  It  would  be  the  extreme  of  dangerous  infatuation  to  sup- 


APPEOVAL  OF  THE  COMPROMISE  MEASURES.    379 

pose  that  the  Union  was  not  then  in  serious  danger.  Had  the 
Wilmot  Proviso  become  a  law,  or  had  slavery  been  abolished 
in  the 'District  of  Columbia,  nothing  short  of  a  special  interposi 
tion  of  Divine  Providence  could  have  prevented  the  secession  of 
most,  if  not  all  the  slaveholding  States. 

"  It  was  from  this  great  and  glorious  old  Commonwealth, 
rightly  demonstrated  the  '  Keystone  of  the  Arch/  that  the  first 
ray  of  light  emanated  to  dispel  the  gloom.  Stie  stands  now  as 
the  days-man,  between  the  North  and  the  South,  and  can  lay 
her  hand  on  either  party,  and  say,  thus  far  shalt  thou  go,  and 
no  farther.  The  wisdom,  moderation  and  firmness  of  her 
people,  calculate  her  eminently  to  act  as  the  just  and  equitable 
umpire  between  the  extremes. 

"  It  was  the  vote  in  our  State  House  of  Eepresentatives, 
refusing  to  consider  the  instructing  resolutions  in  favor  of  the 
Wilmot  Proviso,  which  first  cheered  the  heart  of  every  patriot 
in  the  land.  This  was  speedily  followed  by  a  vote  of  the  House 
of  Representatives  at  Washington,  nailing  the  Wilmot  Proviso 
itself  to  the  table.  And  here  I  ought  not  to  forget  the  great 
meeting  held  in  Philadelphia  on  the  birth-day  of  the  Father  of 
his  Country,  in  favor  of  the  Union,  which  gave  a  happy  and 
irresistible  impulse  to  public  opinion  throughout  the  State,  and 
I  may  add  throughout  the  Union. 

"  The  honor  of  the  South  has  been  saved  by  the  Compromise. 
The  Wilmot  Proviso  is  for  ever  dead,  and  slavery  will  never  be 
abolished  in  the  District  of  Columbia  whilst  it  continues  to  exist 
in  Maryland.  The  receding  storm  in  the  South  still  continues 
to  dash  with  violence,  but  it  will  gradually  subside,  should 
agitation  cease  in  the  North.  All  that  is  necessary  for  us  to 
do  '  is  to  execute  the  Fugitive  Slave  Law,'  and  to  let  the 
southern  people  alone,  suffering  them  to  manage  their  own 
domestic  concerns  in  their  own  way.  *  *  *  * 

"  2.  I  shall  proceed  to  present  to  you  some  views  upon  the 
subject  of  the  much  misrepresented  Fugitive  Slave  Law.  It  is 
now  evident,  from  all  the  signs  of  the  times,  that  this  is  destined 


380  LIFE   AND   SEKVICES  OF  JAMES   BUCHANAN. 

to  become  the  principal  subject  of  agitation  at  the  present 
session  of  Congress,  and  to  take  the  place  of  the  Wilmot 
Proviso.  Its  total  repeal  or  its  material  modification  will 
henceforward  be  the  battle  cry  of  the  agitators  of  the 
North. 

"  And  what  is  the  character  of  this  law  ?  It  was  passed  to 
carry  into  execution  a  plain,  clear,  and  mandatory  provision  of 
the  Constitution,  requiring  that  fugitive  slaves,  who  fly  from 
service  in  one  State  to  another,  shall  be  delivered  up  to  their 
masters.  The  provision  is  so  explicit  that  he  who  runs  may 
read.  No  commentary  can  present  it  in  a  stronger  light  than 
the  plain  words  of  the  Constitution.  It  is  a  well-known  histo 
rical  fact,  that  without  this  provision,  the  Constitution  itself 
could  never  have  existed.  How  could  this  have  been  other 
wise  ?  Is  it  possible  for  a  moment  to  believe  that  the  slave 
States  would  have  formed  a  union  with  the  free  States,  if 
under  it  their  slaves,  by  simply  escaping  across  the  boundary 
which  separates  them,  would  acquire  all  the  rights  of  freemen  ? 
This  would  have  been  to  offer  an  irresistible  temptation  to  all 
the  slaves  of  the  South  to  precipitate  themselves  upon  the 
North.  The  Federal  Constitution,  therefore,  recognizes  in  the 
clearest  and  most  emphatic  terms,  the  property  in  slaves,  and 
protects  this  property  by  prohibiting  any  State,  into  which  a 
slave  might  escape,  from  discharging  him  from  slavery,  and  by 
requiring  that  he  shall  be  delivered  up  to  his  master. 

•5f  #•  #  *  •*  •*  # 

"  The  two  principal  objections  urged  against  the  Fugitive 
Slave  Law  are,  that  it  will  promote  kidnapping,  and  that  it 
does  not  provide  a  trial  by  jury  for  the  fugitive  in  the  State  to 
which  he  has  escaped.  . 

"  The  very  same  reasons  may  be  urged,  with  equal  force, 
against  the  act  of  1793  ;  and  yet  it  existed  for  more  than  half 
a  century  without  encountering  any  such  objections. 

"In  regard  to  kidnapping,  the  fears  of  the  agitators  are 
altogether  groundless*  The  law  reauires  that  the  fugitive  shall 


APPROVAL  OF  THE  COMPROMISE  MEASURES.  381 

be  taken  before  the  judge*  or  commissioner.  They  must  there 
prove,  to  the  satisfaction  of  the  magistrate,  the  identity  of  the 
fugitive,  that  he  is  the  master's  property,  and  has  escaped  from 
his  service.  Now,  I  ask,  would  a  kidnapper  ever  undertake 
such  a  task  ?  Would  he  suborn  witnesses  to  commit  perjury 
and  expose  himself  to  detection  before  the  judge  or  commis 
sioner,  and  in  the  presence  of  the  argus  eyes  of  a  non-slave- 
holding  community,  whose  feelings  will  always  be  in  favor  of 
the  slave  ?  No,  never.  The  kidnapper  seizes  his  victim  in  the 
silence  of  the  night,  or  in  a  remote  and  obscure  place,  and  hurries 
him  away.  He  does  not  expose  himself  to  the  public  gaze.  He 
will  never  bring  the  unfortunate  object  of  his  rapacity  before  a 
commissioner  or  a  judge.  Indeed,  I  have  no  recollection  of 
having  heard  or  read  of  a  case  in  which  a  free  man  was  kid 
napped  under  the  forms  of  law,  during  the  whole  period  of 
more  than  half  a  century,  since  the  act  of  1793  was  passed. 

*•  *  *  '  #  •*  #  # 
"  The  Union  cannot  long  endure,  if  it  be  bound  together 
only  by  paper  bonds.  It  can  be  firmly  cemented  alone  by  the 
affections  of  the  people  of  different  States  for  each  other. 
Would  to  Heaven  that  the  spirit  of  mutual  forbearance  and 
brotherly  love  which  presided  at  its  birth,  could  once  more  be 
restored  to  bless  the  land  !  Upon  opening  a  volume,  a  few 
days  since,  my  eyes  caught  a  resolution  of  a  Convention  of  the 
Counties  of  Maryland,  assembled  at  Annapolis,  in  June,  1174, 
in  consequence  of  the  passage  by  the  British  Parliament,  of  the 
Boston  Port  Bill,  which  provided  for  opening  a  subscription 
'in  the  several  counties  of  the  Province,  for  an  immediate 
collection  for  the  relief  of  the  distressed  inhabitants  of  Boston, 
now  cruelly  deprived  of  the  means  of  procuring  subsistence  for 
themselves  and  families  by  the  operation  of  the  said  act  of 
blocking  up  their  harbor.'  Would  that  the  spirit  of  fraternal 
affection  which  dictated  this  noble  resolution,  and  which  actu 
ated  all  the  conduct  of  our  revolutionary  fathers,  might  return 
to  bless  and  reanimate  the  bosoms  of  their  descendants  I 


382  LIFE   AND    SERVICES   OF   JAMES   BUCHANAK. 

This  would  render  our  Union  indissoluble.  It  would  be  the 
living  soul  infusing  itself  into  the  Constitution  and  inspiring  it 
with  irresistible  energy." 

When  the  Baltimore  Convention  of  1852  met,  a  large  num 
ber  of  Mr.  Buchanan's  friends  desired  to  put  him  in  nomination 
for  the  Presidency.  According  to  his  usual  course  during  his 
whole  life,  he  would  do  nothing  to  interfere  with  the  pure  and 
free  expression  of  public  opinion,  perfectly  satisfied  with 
whatever  the  result  might  be.  After  a  warm  contention,  our 
present  Chief  Magistrate  was  selected  as  the  standard- 
bearer  in  that  campaign,  and  no  one  gave  him  a  more  generous 
or  hearty  support  than  Mr.  Buchanan.  During  the  contest  he 
stood  in  the  van  of  the  democratic  ranks  in  Pennsylvania,  encou 
raging  the  democracy  to  fight  on  and  fight  ever  for  the  main 
tenance  of  their  time-honored  principles. 

The  following  remarkable  passages  from  his  speech  delivered 
to  a  mass  meeting  of  the  democracy  of  Western  Pennsylvania, 
on  the  7th  of  October,  1852,  at  Greensburg,  Westmoreland 
County,  are  so  characteristic  of  the  man  and  his  opinions  that 
we  do  not  hesitate  to  copy  them.  Kemember  that,  at  no  time 
did  he  ever  yield  a  jot  or  tittle  to  sectionalism.  He  was  against 
it  instinctively,  and  from  the  start.  He  said  : 

"  From  my  soul,  I  abhor  the  practice  of  mingling  up  religion 
with  politics.  The 'doctrine  of  all  our  constitutions,  both  Fede 
ral  and  State,  is,  that  every  man  has  an  indefeasible  right  to 
worship  his  God  according  to  the  dictates  of  his  own  conscience. 
He  is  both  a  bigot  and  a  tyrant,  who  would  interfere  with  that 
sacred  right.  When  a  candidate  is  before  the  people  for  office, 
the  inquiry  ought  never  even  to  be  made,  what  form  of  religious 
faith  he  possesses  ;  but  only,  in  the  language  of  Mr.  Jefferson, 
'  Is  he  honest,  is  he  capable  V 

"'  Democratic  Americans  1J  What  a  name  for  a  Native 
American  party  !  When  all  the  records  of  our  past  history 


mo  POSITION  IN  1852.  383 

prove  that  American  democrats  have  ever  opened  wide  their 
arms  to  receive  foreigners  flying  from  oppression  in  their  native 
land,  and  have  always  bestowed  upon  them  the  rights  of  Ame 
rican  citizens,  after  a  brief  period  of  residence  in  this  country. 
The  democratic  party  have  always  gloried  in  this  policy,  and 
its  fruits  have  been  to  increase  our  population  and  our  power 
with  unexampled  rapidity,  and  to  furnish  our  country  with  vast 
numbers  of  industrious,  patriotic  and  useful  citizens.  Surely 
the  name  of  'Democratic  Americans'  was  an  unfortunate  desig 
nation  for  the  Native  American  party. 

"  The  Native  American  party,  an  '  American  excellence/  and 
the  glory  of  its  foundership,  belongs  to  George  Washington  ! 
No,  fellow-citizens,  the  American  people  will  rise  up  with  one 
accord  to  vindicate  the  memory  of  that  illustrious  man  from 
such  an  imputation.  As  long  as  the  recent  memory  of  our 
revolutionary  struggle  remained  vividly  impressed  on  the  hearts 
of  our  countrymen,  no  such  party  could  have  ever  existed.  The 
recollection  of  Montgomery,  Lafayette,  De  Kalb,  Kosciusko, 
and  a  long  list  of  foreigners,  both  officers  and  soldiers,  who 
freely  shed  their  blood  to  secure  our  liberties,  would  have  ren 
dered  such  ingratitude  impossible.  Our  revolutionary  army  was 
filled  with  the  brave  and  patriotic  natives  of  their  lands  ;  and 
George  Washington  was  their  commander-in-chief.  Would  he 
have  ever  closed  the  door  against  the  admission  of  foreigners  to 
the  rights  of  American  citizens  ?  Let  his  acts  speak  for  then*, 
selves.  So  early  as  the  26th  of  March,  1790,  General  Wash 
ington,  as  President  of  the  United  States,  approved  the  first 
law  which  ever  passed  Congress  on  the  subject  of  naturalization  ; 
and  this  only  required  a  residence  of  two  years,  previous  to  the 
adoption  of  a  foreigner  as  an  American  citizen.  On  the  29th 
January,  It 95,  the  term  of  residence  was  extended  by  Congress 
to  five  years,  and  thus  it  remained  throughout  General  Wash 
ington's  administration,  and  until  after  the  accession  of  John 
Adams  to  the  Presidency.  In  his  administration,  which  will 
ever  be  known  in  history  as  the  reign  of  terror,  as  the  era  of 


384:  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

alien  and  sedition  laws,  an  act  was  passed  on  the  18th  of  June, 
1798,  which  prohibited  any  foreigner  from  becoming  a  citizen 
until  after  a  residence  of  fourteen  years,  and  this  is  the  law,  or 
else,  perpetual  exclusion,  which  General  Scott  preferred,  and 
which  the  Native  American  party  now  desire  to  restore. 

11  The  Presidential  election  of  1800  secured  the  ascendency 
of  the  democratic  party,  and  under  the  administration  of 
Thomas  Jefferson,  its  great  apostle,  on  the  14th  of  April,  1802, 
the  term  of  residence  previous  to  naturalization  was  restored  to 
five  years,  what  it  had  been  under  General  Washington,  and 
where  it  has  ever  since  remained.  No,  fellow-citizens,  the 
father  of  his  country  was  never  a  '  Native  American.'  This 
'  American  excellence '  never  belonged  to  him." 

Speaking  of  the  Fugitive  Slave  Law,  Mr.  Buchanan  said  : 

"  It  is  a  law  founded  both  upon  the  letter  and  the  spirit  of 
the  Constitution,  and  a  similar  law  has  existed  on  our  statute 
books  ever  since  the  administration  of  George  Washington. 
History  teaches  us  that  but  for  the  provision  in  favor  of  fugitive 
slaves,  our  present  Constitution  never  would  have  existed, 
Think  ye  that  the  South  will  ever  tamely  surrender  the  Fugitive 
Slave  Law  to  northern  fanatics  and  abolitionists  ? 

"And  now,  fellow-citizens,  what  a  glorious  party  the  Demo 
cratic  party  has  ever  been  !  Man  is  but  the  being  of  a  sum 
mer's  day,  whilst  principles  are  eternal.  The  generations  of 
mortals,  one  after  the  other,  rise  and  sink,  and  are  forgotten, 
but  the  principles  of  democracy,  which  we  have  inherited  from 
our  revolutionary  fathers,  will  endure  to  bless  mankind  through 
out  all  generations.  Is  there  any  democrat  within  the  sound 
of  my  voice,  is  there  any  democrat  throughout  the  broad  limits 
of  good  and  great  old  democratic  Pennsylvania,  who  will  aban 
don  these  sacred  principles  for  the  sake  of  following  in  the  train 
of  a  military  conqueror,  and  shouting  for  the  hero  of  Lundy's 
Lane,  Cerro  Gordo,  and  Chapultepec." 


MISSION   TO   ENGLAND.  385 

After  the  campaign,  President  Pierce  tendered  to  Mr.  Bucha 
nan  the  mission  to  the  court  of  St.  James.  For  a  number  of 
years  the  position  of  minister  to  Great  Britain  has  been  growing 
in  importance.  The  intimate  commercial  and  other  relations 
existing  between  the  two  countries  are  of  themselves  enough  to 
demand  the.  attention  of  a  tried  statesman  and  a  prudent  man, 
but  when  we  add  to  this  the  constant  liability  there  is  of  the 
rising  of  political  questions  of  great  and  enduring  importance, 
we  may  well  consider  the  mission  to  England  only  second  to 
that  of  the  position  of  the  President.  Certainly  Mr.  Pierce 
did  a  very  popular  act  when  he  tendered  this  place  to  Mr. 
Buchanan.  Our  business  and  mercantile  men  felt  that  the  rela 
tions  of  peace  between  the  two  countries  were  in  the  hands  of  a 
man  of  steadiness  of  character,  who  would  do  nothing  to  involve 
us  in  an  unnecessary  war,  while  all  classes  had  confidence  that 
he  would  not. barter  away  any  real  interest  of  our  country,  or 
tamely  submit  to  anything  that  would  involve  national  dis 
honor. 

As  it  happened  while  he  held  this  responsible  position,  two 
questions  did  arise  which  have  required  the  most  consummate 
tact  for  their  proper  management.  To  these  Mr.  Buchanan 
brought  a  degree  of  diplomatic  ability  which  would  have  in 
scribed  his  name,  had  it  not  been  there  before,  among  the  most 
skillful  negotiators.  It  is  sufficient  to  say,  that  thus  far  the 
United  States  have  decidedly  the  best  of  both  points  in  dispute. 
The  dismissal  of  Mr.  Crampton,  the  British  minister,  was  placed 
upon  grounds  so  self-evident,  that  even  England  has  not  dared 
to  cavil  at  them.  The  various  dispatches  of  Mr.  Buchanan 
have  been  so  recently  published,  that  they  are  fresh  in  every 
one's  mind.  They  are  direct  and  explicit,  and  without  the 
usual  evasiveness  which  characterizes  diplomacy.  Indeed,  the 
direct  American  plainness  and  honesty  of  Mr.  Buchanan's  dip 
lomatic  papers  exceedingly  puzzle  the  old  school  of  European 
tricksters.  They  are  not  accustomed  to  such  downright  frank 
ness. 

17 


386  LIFE   AND    SEE  VICES   OF   JAMES   BUCHANAN. 

The  management  of  the  Central  American  question  has, 
however,  been  the  principal  subject  to  which  his  attention  was 
directed  while  a  minister  to  Great  Britain.  To  him  are  we  in 
debted  for  the  unravelling  of  that  curious  piece  of  diplomatic 
patch-work,  called  by  way  of  courtesy  the  Clayton-Bulwer 
treaty,  an  instrument  so  profound  that  it  puzzles  even  its*  au 
thors.  Such  confidence  did  Mr.  Pierce  and  the  cabinet  have  in 
Mr.  Buchanan's  eminent  ability  to  manage  the  whole  affair 
connected  with  our  rights  in  Central  America,  that  on  the  1 2th 
of  August,  1853,  shortly  after  his  arrival  in  England,  the  Pre 
sident  "  considering  his  (Mr.  Buchanan's)  intimate  knowledge 
of  the  subject  in  all  its  bearings,"  transmitted  to  him  fifll  power 
to  conclude  a  treaty  with  Great  Britain  in  relation  to  the 
Central  American  questions.  A  correspondence  was  accord 
ingly  commenced  between  Mr.  Buchanan  and  Lord  Clarendon, 
for  the  purpose  of  ascertaining  if  possible  the  exact  difference 
which  existed  between  the  two  countries  in  regard  to  the  con 
struction  of  the  Clayton-Bulwer  treaty.  This  negotiation  was 
interrupted  by  the  Russian  war,  and  the  delicacy  which  Mr. 
Buchanan  naturally  and  justly  felt  in  pushing  a  prompt  reply 
to  his  communications  while  England  was  engaged  in  a  foreign 
contest.  At  length,  after  Mr.  Buchanan  had  intimated  a  desire 
to  be  relieved  from  the  onerous  duties  of  his  mission,  Mr.  Marcy 
addressed  him,  stating  his  earnest  desire  that  the  question 
might  be  brought  to  a  distinct  issue  before  Mr.  Buchanan  should 
retire  from  his  mission.  "  The  negotiation,"  said  Mr.  Marcy 
emphatically,  "  cannot  be  committed  to  any  one  who  so  well 
understands  the  subject  in  all  its  bearings  as  you  do,  or  who 
can  so  ably  sustain  and  carry  out  the  views  of  the  United 
States."  This  opinion,  flattering  as  it  is  to  Mr.  Buchanan,  is 
no  more  nor  less  than  the  simple  truth.  For  thirty  years  he 
has  studied  with  care  and  attention  the  position  of  affairs  in 
that  portion  of  our  continent,  and  the  remark  is  a  most  just 
one,  that  no  statesman  in  this  country  "  so  well  understands 
the  subject." 


THE    CLAYTON-BTJLWEK   TREATY.  387 

In  accordance,  therefore,  with  the  urgent  request  of  the 
President,  Mr.  Buchanan  made  another  effort  to  bring  Lord 
Clarendon  to  the  discussion  of  the  question.  In  a  note  to 
him,  Mr.  Buchanan  very  pointedly  and  urgently  says,  "  the 
President  has  directed  the  undersigned,  before  retiring  from  his 
mission,  to  request  from  the  British  government  a  statement  of 
the  positions  which  it  has  determined  to  maintain  in  regard  to 
the  Bay  Islands,  the  territory  between  the  Sibun  and  Sarstoon, 
as  well  as  the  Belize  settlement  and  the  Mosquito  protectorate. 
The  long  delay  in  asking  for  this  information  has  proceeded 
from  the  President's  reluctance  to  manifest  any  impatience  on 
this  important  subject  whilst  the  attention  of  her  majesty's 
government  was  engaged  by  the  war  with  Russia.  But  as 
more  than  a  year  has  already  elapsed  since  the  termination  of 
the  discussion  on  these  subjects,  and  as  the  first  session  of  the 
new  Congress  is  speedily  approaching,  the  President  does  not 
feel  that  he  would  be  justified  in  any  longer  delay." 

The  first  detailed  statement  of  the  positions  of  our  govern 
ment  was  submitted  by  Mr.  Buchanan  to  Lord  Clarendon 
January  6th,  1854.  The  reply  of  Lord  C.  is  dated  on  the  2d 
of  May  following,  to  which  Mr.  Buchanan  replied  on  the  22d 
of  July,  in  a  long  and  elaborate  history  of  all  the  points  in 
dispute.  It  is  impossible  to  give  anything  like  even  the  points 
of  this  unanswerable  vindication  of  our  rights  in  Central  Ame 
rica,  yet  we  cannot  refrain  from  presenting  the  following  short 
extract,  which  after  all  gives  the  pith  of  the  absurd  preten 
sions  of  the  British  government.  After  citing  the  article  in 
the  treaty  in  dispute,  Mr.  Buchanan  asks  : 

"What,  then,  is  the  fair  construction  of  the  article?  It 
embraces  two  objects.  1;  It  declares  that  neither  of  the  par 
ties  shall  ever  acquire  any  exclusive  control  over  the  ship  canal 
to  be  constructed  between  the  Atlantic  and  the  Pacific,  by  the 
route  of  the  river  San  Juan  de  Nicaragua,  and  that  neither  of 
them  shall  ever  erect  or  maintain  any  fortifications  command- 


388  LIFE   AND    SERVICES    OF   JAMES    BUCHANAN. 

ing  the  same  or  in  the  vicinity  thereof.  In  regard  to  this  stipu 
lation,  no  disagreement  is  known  to  exist  between  the  parties. 
But  the  article  proceeds  further  in  its  mutually  self-denying 
policy,  and  in  the  second  place,  declares  that  neither  of  the 
parties  will  '  occupy,  or  fortify,  or  colonize,  or  assume,  or  exer 
cise  any  dominion  over  Nicaragua,  Costa  Rica,  the  Mosquito 
coast,  or  any  part  of  Central  America/ 

"  We  now  reach  the  true  point.  Does  this  language  require 
that  Great  Britain  shall  withdraw  from  her  existing  possessions 
in  Central  America,  including  '  the  Mosquito  coast  T  The  lan 
guage  peculiarly  applicable  to  this  coast  will  find  a  more  appro 
priate  place  in  a  subsequent  portion  of  these  remarks. 

"  If  any  individual  enters  into  a  solemn  and  explicit  agree 
ment  that  he  will  not  '  occupy '  any  given  tract  of  country  then 
actually  occupied  by  him,  can  any  proposition  be  clearer,  than 
that  he  is  bound  by  his  agreement  to  withdraw  from  such  occu* 
pancy  ?  Were  this  not  the  case,  these  words  would  have'  no 
meaning,  and  the  agreement  would  become  a  mere  nullity. 
Nay  more,  in  its  effect  it  would  amount  to  a  confirmation  of 
the  party  in  the  possession  of  that  very  territory  which  he  had 
bound  himself  not  to  occupy,  and  would  practically  be  equiva 
lent  to  an  agreement  that  he  should  remain  in  possession — a. 
contradiction  in  terms.  It  is  difficult  to  comment  on  language 
which  appears  so  plain,  or  to  offer  arguments  to  prove  that  the 
meaning  of  words  is  not  directly  opposite  to  their  well-known 
signification. 

"  And  yet  the  British  government  consider  that  the  conven 
tion  interferes  with  none  of  their  existing  possessions  in  Central 
America  ;  that  it  is  entirely  prospective  in  its  nature,  and 
merely  prohibits  them  from  making  new  acquisitions.  If  this 
be  the  case,  then  it  amounts  to  a  recognition  of  their  rights,  on 
the  part  of  the  American  government,  to  all  the  possessions 
which  they  already  hold,  whilst  the  United  States  have  bound 
themselves  by  the  very  same  instrument,  never,  under  any  cir 
cumstances,  to  acquire  ths  possession  of  a  foot  of  territory  in 


THE   CLAYTON-BDLWEK   TREATY.  389 

Central  America.  The  mutuality  of  the  convention  would  thus 
be  entirely  destroyed  ;  and  whilst  Great  Britain  may  continue 
to  hold  nearly  the  whole  eastern  coast  of  Central  America,  the 
United  States  "have  abandoned  the  right  for  all  future  time  to 
acquire  any  territory,  or  to  receive  into  the  American  Union 
any  of  the  States  in  that  portion  of  their  own  continent.  This 
self-imposed  prohibition  was  the  great  objection  to  the  treaty  in 
the  United  States  at  the  time  of  its  conclusion,  and  was  power 
fully  urged  by  some  of  the  best  men  in  the  country.  Had  it 
then  been  imagined  that  whilst  it  prohibited  the  United  States 
from  acquiring  territory,  under  any  possible  circumstances,  in  a 
portion  of  America  through  which  their  thoroughfares  to  Cali 
fornia  and  Oregon  must  pass,  the  convention,  at  the  same  time, 
permitted  Great  Britain  to  remain  in  the  occupancy  of  all  her 
existing  possessions  in  that  region,  Mr.  Buchanan  expresses  the 
confident  conviction  that  there  would  not  have  been  a  single 
vote  in  the  American  Senate  in  favor  of  its  ratification.  In 
every  discussion  it  was  taken  for  granted  that  the  convention 
required  Great  Britain  to  withdraw  from  these  possessions,  and 
thus  place  the  parties  upon  an  exact  equality  in  Central  Ame 
rica.  Upon  this  construction  of  the  convention  there  was  quite 
as  great  an  unanimity  of  opinion  as  existed  in  the  House  of 
Lords,  that  the  convention  with  Spain  of  1786  required  Great 
Britain  to  withdraw  from  the  Mosquito  protectorate." 

Lord  Clarendon,  in  the  course  of  his  statement,  referred,  in  a 
somewhat  sneering  manner,  to  the  Monroe  doctrine,  and  cha 
racterized  it  as  merely  the  "  dictum  of  its  distinguished  author." 
Mr.  Buchanan  replied  that  "  did  the  occasion  require,  he  would 
cheerfully  undertake  the  task  of  justifying  the  wisdom  and 
policy  of  the  Monroe  doctrine,  in  reference  to  the  nations  of 
Europe,  as  well  as  to  those  on  the  American  continent."  Mr. 
Buchanan  closes  his  statement  as  follows  : 

"  But  no  matter  what  may  be  the  naturo  of  the  British  claim 


390  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

to  the  country  between  the  Sibun  and  the  Sarstoon,  the  obser 
vation  already  made  in  reference  to  the  Bay  Islands  and  the 
Mosquito  coast  must  be  reiterated,  that  the  great  question 
does  not  turn  upon  the  validity  of  this  claim  previous  to  the 
convention  of  1850,  but  upon  the  facts  that  Great  Britain  has 
bound  herself  by  this  convention  not  to  occupy  any  part  of 
Central  America,  nor  to  exercise  dominion  over  it ;  and  that 
the  territory  in  question  is  within  Central  America,  even  under 
the  most  limited  construction,  of  these  words.  In  regard  to 
Belize  proper,  confined  within  its  legitimate  boundaries,  under 
the  treaties  of  1783  and  1786,  and  limited  to  the  usufruct  spe 
cified  in  these  treaties,  it  is  necessary  to  say  but  a  few  words. 
The  government  of  the  United  States  will  not,  for  the  present, 
insist  upon  the  withdrawal  of  Great  Britain  from  this  settle 
ment,  provided  all  the  other  questions  between  the  two  govern 
ments  concerning  Central  America  can  be  amicably  adjusted. 
It  has  been  influenced  to  pursue  this  course  partly  by  the 
declaration  of  Mr.  Clayton  on  the  4th  of  July,  1850,  but 
mainly  in  consequence  of  the  extension  of  the  license  granted 
by  Mexico  to  Great  Britain,  under  the  treaty  of  1826,  which 
that  republic  has  yet  taken  no  steps  to  terminate. 

"  It  is,  however,  distinctly  to  be  understood,  that  the  govern 
ment  of  the  United  States  acknowledge  no  claim  of  Great 
Britain  within  Belize,  except  the  temporary  '  liberty  of  making 
use  of  the  wood  of  the  different  kinds,  the  fruits,  and  other  pro 
duce  in  their  natural  state/  fully  recognizing  that  the  former 
'  Spanish  sovereignty  over  the  country '  now  belongs  either  to 
Guatemala  or  Mexico. 

"  In  conclusion,  the  government  of  the  United  States  most 
cordially  and  earnestly  unite  in  the  desire  expressed  by  '  her 
majesty's  government,  not  only  to  maintain  the  convention  of 
1850  intact,  but  to  consolidate  and  strengthen  it  by  strength 
ening  and  consolidating  the  friendly  relations  which  it  was  cal 
culated  to  cement  and  perpetuate.'  Under  these  mutual  feel 
ings,  it  is  deeply  to  be  regretted  that  the  two  governments 


THE   OSTEND   MEETING-.  391 

entertain  opinions  so  widely  different  in  regard  to  its  true  effect 
and  meaning." 

This  protocol  has  certainly  so  reviewed  the  whole  question 
in  dispute,  that  it  has  left  but  little  for  his  successor  to  do, 
except  to  adhere  to  the  positions  already  established.  Unfor 
tunately,  Mr.  Buchanan  did  not  have  the  satisfaction  to  see 
this  matter  arranged  before  he  left  England,  and  it  yet  remains 
to  be  seen  what  course  the  British  government  will  take  in 
the  matter. 

While  Mr.  Buchanan  was  in  England,  the  relations  of  our 
country  with  Cuba  became  very  much  disturbed,  by  a  difficulty 
in  regard  to  the  steamer  Black  Warrior.  The  constant  fear 
that  has  existed,  of  a  revolution  in  that  unhappy  island,  was  also 
increased  by  various  developments,  and  under  all  the  circum 
stances,  the  President  determined  to  follow  the  course  adopted 
by  his  predecessors  in  office,  and  make  an  effort  to  purchase 
Cuba  of  Spain.  Mr.  Soule,  our  minister  to  the  Spanish  govern 
ment,  was  specially  charged  with  conducting  the  negotiation. 
But  as  England  and  France  were  more  or  less  connected,  or 
rather  assumed  to  connect  themselves  with  whatever  disposition 
Spain  might  make  of  Cuba,  the  President  thought  it  highly  im 
portant  that  our  ministers  to  each  of  these  countries  should 
meet  at  some  specified  place,  and  come  to  a  general  understand 
ing  in  regard  to  the  policy  to  be  pursued  in  order  that  there 
might  be  uniformity  of  action.  This  recommendation  of  the 
President  gave  rise  to  what  has  been  known  as  the  "  Ostend 
Conference,"  a  meeting  merely  for  the  familiar  interchange  of 
views,  between  Mr.  Buchanan  as  minister  to  England,  Mr.  Ma 
son  as  minister  to  France,  and  Mr.  Soule  as  minister  to  Spain. 
They  met  first  at  Ostend,  in  Belgium,  and  then  at  Aix  la  Cha- 
pelle,  in  Prussia.  As  the  document  drawn  up  by  the  ministers, 
containing  the'r  views  on  the  question,  and  presented  to  the 
President,  has  been  much  maligned  and  misrepresented,  we  give 
it  entire.  It  will  be  seen  that,  so  far  as  Mr.  Buchanan  is  con- 


, 

am 


392  LIFE   AND   SERVICES   OF   JAMES    BUCHANAN. 

cerned,  the  views  do  not  differ  from  those  he  presented  to 
the  public,  in  his  speech  on  the  Panama  question,  in  1824,  and 
that  no  action  is  either  thought  of,  suggested,  or  recommended, 
except  in  case  Cuba  comes  under  the  influence  of  a  foreign 
power,  or  seriously  endangers  the  peace  and  security  of  our  own 
country.  The  ministers'  report  is  as  follows  : 


"  There  has  been  a  full  and  unreserved  interchange  of  views 
and  sentiments  between  us,  which  we  are  most  happy  to  inform 
you,  has  resulted  in  a  cordial  coincidence  of  opinion  on  the  grave 
and  important  subjects  submitted  to  our  consideration. 

"  We  have  arrived  at  the  conclusion,  and  are  thoroughly  con- 

!  vinced  that  an  immediate  and  earnest  effort  ought  to  be  made 

by  the  government  of  the  United  States  to  purchase  Cuba  from 

Spain  at  any  price  for  which  it  can  be  obtained,  not  exceeding 

the  sum  of dollars. 

"  The  proposal  should,  in  our  opinion,  be  made  in  such  a  man 
ner  as  to  be  presented  through  the  necessary  diplomatic  forms 
to  the  Supreme  Constituent  Cortes  about  to  be  assembled.  On 
this  momentous  question,  in  which  the  people  both  of  Spain  and 
the  United  States  are  so  deeply  interested,  all  our  proceedings 
ought  to  be  open,  frank,  and  public.  They  should  be  of 
such  a  character  as  to  challenge  the  approbation  of  the 
world. 

"  We  firmly  believe,  that  in  the  progress  of  human  events, 
the  time  has  arrived  when  the  vital  interests  of  Spain  are  as 
seriously  involved  in  the  sale,  as  those  of  the  United  States  in 
the  purchase  of  the  island  ;  and  that  the  transaction  will  prove 
equally  honorable  to  both  nations. 

"  Under  these  circumstances,  we  cannot  anticipate  a  failure, 
unless  possibly  through  the  malign  influence  of  foreign  powers, 
who  possess  no  right  whatever  to  interfere  in  the  matter. 

"  We  proceed  to  state  some  of  the  reasons  which  have 
brought  us  to  the  conclusion  ;  and  for  the  sake  of  clearness,  we 
shall  specify  them  under  two  distinct  heads. 


THE    OSTEND    MEETING.  393 

"  First — The  United  States  ought,  if  practicable,  to  purchase 
Cuba  with  as  little  delay  as  possible. 

"  Second — The  probability  is  great  that  the  government  and 
Cortes  of  Spain  will  prove  willing  to  sell  it,'  because  this  would 
essentially  promote  the  highest  and  best  interests  of  the  Span 
ish  people. 

"The  first — It  must  be  clear  to  every  reflecting  mind,  tliat 
from  the  peculiarity  of  its  geographical  position,  and  the  con 
siderations  attendant  on  it,|Cuba  is  as  necessary  to  the  North 
American  Republic,  as  any  of  its  present  members,  and  that  it 
belongs  naturally  to  that  great  family  of  States,  of  which  the 
Union  is  the  providential  nursery. 

"  From  its  locality,  it  commands  the  mouth  of  the  Mississ 
ippi,  and  the  immense  annually  increasing  trade,  which  must 
seek  this  avenue  to  the  ocean.  On  the  numerous  navigable 
streams,  measuring  an  aggregate  course  of  some  30,000  miles, 
which  disembogue  themselves  through  this  magnificent  river, 
into  the  Gulf  of  Mexico,  the  increase  of  the  population  during 
the  last  ten  years  amounts  to  more  than  that  of  the  entire 
Union,  at  the  time  Louisiana  was  annexed  to  it. 

"  The  natural  and  main  outlet  to  the  products  of  this  entire 
population,  the  highway  of  their  direct  intercourse  with  the 
Atlantic  and  the  Pacific  States,  can  never  be  secure,  but  must 
ever  be  endangered  while  Cuba  is  a  dependency  of  a  distinct 
power,  in  whose  possession  it  has  proved  to  be  a  source  of  con 
stant  annoyance  and  embarrassment  to  their  interests. 

"  Indeed,  the  Union  can,  never  enjoy  repose,  nor  possess  reli 
able  security,  as  long  as  Cuba  is  not  embraced  within  its  boun 
daries. 

Its  imme'diate  acquisition  by  our  government  is  of  paramount 
importance,  and  we  cannot  doubt  but  that  it  is  a  consummation 
devoutly  wished  for  by  its  inhabitants. 

"  The  intercourse  which  its  proximity  to  our  coasts  begets 
and  encourages  between  the  citizens  of  the  United  States,  has, 
in  the  progress  of  tin;?,  so  united  their  interests,  and  blended 

17* 


39J:  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

their  fortunes,  that  they  now  look  upon  each  other  as  if  they 
were  one  people,  and  had  but  one  destiny. 

"  Considerations  exist  which  render  delay  in  the  acquisition 
of  this  island  exceedingly  dangerous  to  the  United  States. 

"The  system  of  immigration  and  labor  lately  organized 
within  its  limits,  and  the  tyranny  and  oppression  which  charac 
terize  its  immediate  rulers,  threaten  an  insurrection  at  every 
moment,  which  may  result  in  direful  consequences  to  the  Ame 
rican  people. 

"  Cuba  has  thus  become  to  us  an  unceasing  danger,  and  a 
permanent  cause  of  anxiety  and  alarm. 

"  But  we  need  not  enlarge  on  these  topics.  It  can  scarcely 
be  apprehended  that  foreign  powers,  in  violation  of  interna 
tional  law,  would  interpose  their  influence  with  Spain,  to  pre 
vent  our  acquisition  of  the  island.  Its  inhabitants  are  now 
suffering  under  the  worst  of  all  possible  governments — that  of 
absolute  despotism,  delegated  by  a  distant  power  to  irresponsi 
ble  agents,  who  are  changed  at  short  intervals,  and  who  are 
tempted  to  improve  the  brief  opportunity  thus  afforded  to  accu 
mulate  fortunes  by  the  basest  means. 

"  As  long  as  this  system  shall  endure,  humanity  may  in  vain 
demand  the  suppression  of  the  African  slave-trade  in  the  island. 
This  is  rendered  impossible  while  that  infamous  traffic  remains 
an  irresistible  temptation  and  a  source  of  immense  profit  to 
needy  and  avaricious  officials,  who,  to  attain  their  end,  scruple 
not  to  trample  the  most  sacred  principles  under  foot. 

"  The  Spanish  government  at  home  may  be  well  disposed, 
but  experience  has  proved  that  it  cannot  control  these  remote 
depositories  of  its  power. 

"  Besides,  the  commercial  nations  of  the  world  cannot  fail  to 
perceive  and  appreciate  the  great  advantages  which  would 
result  to  their  people  from  a  dissolution  of  the  forced  and 
unnatural  connection  between  Spain  and  Cuba,  and  the  annexa 
tion  of  the  latter  to  the  United  States.  The  trade  of  England 
and  France  with  Cuba  would,  in  that  event,  assume  at  once  an 


THE   OSTEND   MEETING.  395 

important  and  profitable  character,  and  rapidly  extend  with  the 
increasing  population  and  prosperity  of  the  island. 

"  But  if  the  United  States  and  every  commercial  nation  be 
benefited  by  this  transfer,  the  interests  of  Spain  would  also  be 
greatly  and  essentially  promoted.  She  cannot  but  see  that 
such  a  sum  of  money  as  we  are  willing  to  pay  for  the  island 
would  effect  in  the  development  of  her  vast  natural  resources. 

"  Two-thirds  of  this  sum,  if  employed  in  the  construction  of 
a  system  of  railroads,  would  ultimately  prove  a  source  of 
greater  wealth  to  the  Spanish  people  than  that  opened  to  theii 
vision  by  CORTES,  Their  prosperity  would  date  from  the  ratifi 
cation  of  the  treaty  of  cession.  France  has  already  constructed 
continuous  lines  of  railroads  from  Havre,  Marseilles,  Valen 
ciennes,  and  Strasbourg,  via  Paris  to  the  Spanish  frontier,  and 
anxiously  awaits  the  day  when  Spain  shall  find  herself  in  a  con 
dition  to  extend  these  roads  through  her  northern  provinces  to 
Madrid,  Seville,  Cadiz,  Malaga,  and  the  frontier  of  Portugal. 

"  This  object  once  accomplished,  Spain  would  become  a 
centre  of  attraction  for  the  travelling  world,  and  secure  a  per 
manent  and  profitable  market  for  her  various  productions. 
Her  fields,  under  the  stimulus  given  to  industry  by  remunera 
ting  prices,  would  teem  with  cereal  grain,  and  her  vineyards 
would  bring  forth  a  vastly  increased  quantity  of  choice  wines. 
Spain  would  speedily  become  what  a  bountiful  Providence 
intended  she  should  be — one  of  the  first  nations  of  continental 
Europe,  rich,  powerful,  and  contented. 

"  Whilst  two-thirds  of  the  price  of  the  island  would  be  ample 
for  the  completion  of  her  most  important  public  improvements, 
she  might,  with  the  remaining  forty  (million)  thousands,  satisfy 
the  demands  now  pressing  so  heavily  upon  her  credit,  and 
create  a  sinking  fund  which  would  gradually  relieve  her  from 
the  overwhelming  debt  now  paralyzing  her  energies. 

"  Such  is  her  present  wretched  financial  condition,  that  her 
best  bonds  are  sold  upon  her  own  bourse,  at  about  one-third  of 
their  par  value,  whilst  another  class  on  which  she  pays  no 


39(5  LJI-K    AND    SERVICES    OF    JAMES    BUCHANAN". 

interest  have  but  a  nominal  value,  and  are  quoted  at  about 
one  sixth  of  the  amount  for  which  they  were  issued. 

"  Besides,  these  latter  are  held  principally  by  British  creditors 
who  may,  from  day  to  day,  obtain  the  effective  interposition 
of  their  own  government  for  the  purpose  of  coercing  payment. 
Intimations  to  that  effect  have  been  already  thrown  out  from 
high  quarters,  and  unless  some  new  source  of  revenue  shall 
enable  Spain  to  provide  for  such  exigencies,  it  is  not  improba 
ble  that  they  may  be  realized. 

"  Should  Spain  reject  the  present  golden  opportunity  for 
developing  her  resources,  and  removing  her  present  financial 
embarrassments,  it  may  never  again  return. 

"Cuba,  in  her  palmiest  days,  never  yielded  her  exchequer 
after  deducting  the  expenses  of  its  government,  a  clear  annual 
income  of  more  than  a  million  and  a  half  of  dollars.  These 
expenses  have  increased  to  such  a  degree  as  to  leave  a  deficit 
chargeable  on  the  treasury  of  Spain  to  the  amount  of  six  hun 
dred  thousand  dollars. 

"  In  a  pecuniary  point  of  view,  therefore,  the  island  is  an 
encumbrance  instead  of  a  source  of  profit  to  the  mother  coun 
try. 

"  Under  no  probable  circumstances  can  Cuba  ever  yield  to 
Spain  one  per  cent,  on  the  large  amount  which  the  United 
States  are  willing  to  pay  for  its  acquisition. 

"  But  Spain  is  in  imminent  danger  of  losing  Cuba  without 
remuneration. 

"  Extreme  oppression,  it  is  now  universally  admitted,  justi 
fies  any  people  in  endeavoring  to  relieve  themselves  from  the 
yoke  of  their  oppressors. 

"  The  sufferings  which  the  corrupt,  arbitrary,  and  unrelent 
ing,  local  administration  necessarily  entails  upon  the  inhabi 
tants  of  Cuba,  cannot  fail  to  stimulate  and  keep  alive  that 
spirit  of  resistance  and  revolution  against  Spain  which  has  of 
late  years  been  so  often  manifested.  In  this  condition  of 
affairs,  It  is  vain  to  expect  that  the  sympathies  of  the  people 


THE    OSTEND   MEETING.  397 

of  the  United  States  will  not  be  warmly  enlisted  in  favor  of 
their  oppressed  neighbors. 

"We  know  that  the  President  is  justly  inflexible  in  his  deter 
mination  to  execute  the  neutrality  laws,  but  should  the  Cubano 
themselves  rise  in  revolt  against  the  oppression  which  they 
suffer,  no  human  power  could  prevent  citizens  of  the  United 
States,  and  liberal-minded  men  of  other  countries,  from  rushing 
to  their  assistance. 

"  Besides,  the  present  is  an  age  of  adventure,  in  which  rest 
less  and  daring  spirits  abound  in  every  portion  of  the  world, 
It  is  not  improbable,  therefore,  that  Cuba  may  be  wrested  from 
Spain  by  a  successful  revolution,  and  in  that  event,  she  will  not 
only  lose  the  island,  but  the  price  which  we  are  now  willing  to 
pay  for  it — a  price  far  beyond  what  was  ever  paid  by  any  one 
people  to  another  for  any  province. 

"  It  may,  also,  be  here  remarked,  that  the  settlement  of  this 
vexed  question,  by  the  cession  of  Cuba  to  the  United  States, 
would  forever  prevent  the  dangerous  complications  between 
nations  to  which  it  may  otherwise  give  birth. 

"It  is  certain  that,  should  the  Cubans  themselves  organize 
;ran  insurrection  against  the  Spanish  government,  and  should 
other  independent  nations  come  to  the  aid  of  Spain  in  the  con 
test,  no  human  power  could,  in  our  opinion,  prevent  the  people 
and  government  of  the  United  States  from  taking  part  in  such 
civil  war,  in  support  of  their  neighbors  and  friends. 

"  But  if  Spain,  deaf  to  the  voice  of  her  own  interest,  and  ac 
tuated  by  stubborn  pride  and  a  false  sense  of  honor,  should 
refuse  to  sell  Cuba  to  the  United  States,  then  the  question  will 
arise,  what  ought  to  be  the  course  of  the  American  government 
under  such  circumstances  ? 

"  Self-preservation  is  the  first  law  of  nature  with  States,  as 
well  as  with  individuals.  All  nations  have  at  different  periods 
acted  upon  this  maxim.  Although  it  has  been  made  the  pre 
text  for  committing  flagrant  injustice,  as  in  the  partition  of  Po 
land  and  other  similar  cases  which  history  records,  yet  the  prin- 


398  LIFE   AND    SERVICES   OF   JAMES    BUCHANAN. 

ciple  itself,  though  often  abused,  has  always  been  recog 
nized. 

"  The  United  States  have  never  acquired  a  foot  of  territory 
except  by  fair  purchase,  or,  as  in  the  case  of  Texas,  upon  the 
free  and  voluntary  application  of  the  people  of  that  independent 
State,  who  desired  to  blend  their  destinies  with  our  own. 

"  Even  our  acquisitions  from  Mexico  are  no  exception  to  the 
rule,  because,  although  we  might  have  claimed  them  by  the 
right  of  conquest,  in  a  just  way,  yet  we  purchased  them  for 
what  was  then  considered  by  both  parties  a  full  and  ample 
equivalent.  Our  past  history  forbids  that  we  should  acquire 
the  Island  of  Cuba  without  the  consent  of  Spain,  unless  justified 
by  the  great  law  of  self-preservation.  We  must,  in  any  event, 
preserve  our  own  conscious  rectitude  and  our  own  self-respect. 
Whilst  pursuing  this  course,  we  can  afford  to  disregard  the  cen 
sures  of  the  world  to  which  we  have  been  so  often  and  so  un 
justly  exposed.  After  we  shall  have  offered  Spain  a  price  for 
Cuba  far  beyond  its  present  value,  and  this  shall  have  been 
refused,  it  will  then  be  time  to  consider  the  question,  does  Cuba, 
in  the  possession  of  Spain,  seriously  endanger  our  internal  peace 
and  the  existence  of  our  cherished  Union  ?  Should  this  ques 
tion  be  answered  in  the  affirmative,  then  by  every  law,  human 
and  divine,  we  shall  be  justified  in  wresting  it  from  Spain,  if  we 
possess  the  power.  And  this  upon  the  very  same  principle  that 
would  justify  an  individual  in  tearing  down  the  burning  house 
of  his  neighbor,  if  there  were  no  other  means  of  preventing  the 
flames  from  destroying  his  own  home.  Under  such  circum 
stances  we  ought  neither  to  count  the  cost  nor  regard  the  odds 
which  Spain  might  enlist  against  us.  We  forbear  to  enter  into 
the  question  whether  the  present  condition  of  the  island  would 
justify  such  a  measure.  We  should,  however,  be  recreant  to  our 
duty,  be  unworthy  of  our  gallant  forefathers,  and  commit  base 
treason  against  our  posterity,  should  we  permit  Cuba  to  be 
Africanized  and  become  a  second  St.  Domingo,  with  all  its 
attendant  horrors  to  the  white  race,  and  suffer  the  flames  to 


HIS    RETURN   FROM   ENGLAND.  399 

extend  to  our  neighboring  shores,  seriously  to  endanger,  or 
actually  to  consume  the  fair  fabric  of  our  Union.  We  fear 
that  the  course  and  current  of  events  are  rapidly  tending 
towards  such  a  catastrophe.  We,  however,  hope  for  the  best, 
though  we  ought  certainly  to  be  prepared  for  the  worst. 

"JyVe  forbear  also  tb  investigate  the  present  condition  of  the 
question  at  issue  between  the  United  States  and  Spain.  A 
long  series  of  injuries  to  our  people  have  been  committed  in 
Cuba  by  Spanish  officials,  and  are  unredressed  ;  but  recently  a 
most  flagrant  outrage  on  the  rights  of  American  citizens  and 
on  the  flag  of  the  United  States  was  perpetrated  in  the  harbor 
of  Havana,  under  circumstances  which,  without  immediate 
redress,  would  have  justified  a  resort  to  measures  of  war  in 
vindication  of  national  honor.  That  outrage  is  not  only 
unatoned,  but  the  Spanish  Government  has  deliberately  sanc 
tioned  the  acts  of  its  subordinates,  and  assumed  the  respon 
sibility  attaching  to  them.  Nothing  could  more  impressively 
teach  us  the  danger  to  which  those  peaceful  relations  it  has 
ever  been  the  policy  of  the  United  States  to  cherish  with  foreign 
nations  are  constantly  exposed,  than  the  circumstances  of  that 
case — situated  as  Spain  and  the  United  States  are,  the  latter 
having  forborne  to  resort  to  extreme  measures.  But  this  course 
cannot,  with  due  regard  to  their  own  dignity  as  an  indepen 
dent  nation,  continue.  And  our  recommendations  now  submit 
ted  are  dictated  by  the  firm  belief  that  the  cession  of  Cuba  to 
the  United  States,  with  stipulations  as  beneficial  to  Spain  as 
those  suggested,  is  the  only  effectual  mode  of  settling  all  past 
differences,  and  of  securing  the  two  countries  against  future 
collisions.  We  have  already  witnessed  the  happy  results  for 
both  countries  which  followed  a  similar  arrangement  in  regard 
to  Florida." 

Mr.  Buchanan  returned  to  his  native  country  on  the  23d  of 
April  last.  His  course  had  been  watched  with  intense  anxiety 
by  his  fellow  citizens,  and  when  the  Common  Council  of  New 


400  LIFE   AND   SERVICES    OF   JAMES   BUCHANAN. 

York  city  determined,  without  respect  of  party,  to  unite  in 
giving  him  a  public  reception,  it  but  expressed  the  general 
impulse  of  gratefulness  to  him  for  his  distinguished  services. 
The  following  preamble  and  resolution  were  unanimously 
passed  by  the  city  authorities. 

"Whereas,  Mr.  Buchanan's  patriotic,  dignified  and  able 
course  as  representative  of  his  country  at  the  British  Court, 
and  especially  the  judgment  and  ability  displayed  in  conduct 
ing  the  recent  negotiations  with  Great  Britain,  have  com 
manded  the  admiration  and  approval  of  the  American  people, 
and  whereas,  the  respect  entertained  by  our  citizens,  without 
distinction  of  party,  for  his  exalted  character  and  commanding 
talents  as  evinced  in  a  long  career  of  conspicuous  public  service, 
ought  to  find  a-  fitting  expression  in  their  representatives  in  the 
Common  Council,  therefore,  be  it 

Resolved,  That  a  select  committee  of  five  be  appointed  to 
receive  the  Hon.  James  Buchanan,  on  his  arrival  at  this  port,  as 
the  guest  of  this  city,  and  tender  to  him  the  hospitalities  thereof." 

The  reception  which  Mr.  Buchanan  experienced  was  cordial 
and  enthusiastic.  When  he  landed  from  the  steamer,  a  dense 
crowd  of  persons  surrounded  the  carriage,  and  cheer  upon 
cheer  attested  the  deep  and  earnest  affection  which  the  people 
always  bestow  upon  a  faithful  public  servant.  Mr.  Buchanan, 
while  stopping  in  New  York,  was  visited  by  a  large  number  of 
persons  of  all  political  parties,  who  congratulated  him  upou 
the  successful  manner  in  which  he  had  conducted  our  foreign 
relations.  A  public  dinner  was  tendered  him  by  the  corpora 
tion,  but  Mr.  Buchanan  politely  but  decidedly  declined  it.  He 
did  not  wish  any  display  or  ostentation.  He  would  be  happy 
to  see  his  fellow-citizens  in  a  familiar  manner,  but  he  did  not 
desire  to  indulge  in  any.  feasting  or  parade.  Accordingly,  the 
next  day  after  his  arrival,  he  repaired  to  the  Governor's  room 
in  the  City  Hall,  where  hundreds  and  thousands  gratified  an 


HIS   EECEPTION.  ^  f> 

honorable  desire  m  clasping  the  hand  of  one  who  nad  in  so 
distinguished  a  manner  sustained  and  added  to  the  honor  of  his 
country  abroad. 

A  brief  speech  delivered  by  Mr.  Buchanan  from  the  balcony 
of  the  Everett  House,  where  he  stopped,  to  a  large  crowd  of 
persons  who  had  assembled  to  serenade  him,  is  so  full  of  earnest 
feeling,  that  we  give  the  principal  portion.  He  said  : 

"  Friends  and  Fellow-citizens  :  I  can  scarcely  describe  the 
emotions  I  feel  at  the  present  moment,  in  view  of  the  vast 
crowd  of  my  fellow-citizens  of  the  great  commercial  emporium 
of  the  Union.  I  have  been  for  years  abroad  in  a  foreign  land, 
and  I  like  the  noise  of  the  democracy  1  My  heart  responds  to 
the  acclamations  of  the  noble  citizens  of  this  favored  country. 
I  have  been  abroad  in  other  lands  ;  I  have  witnessed  arbitrary 
power  ;  I  have  contemplated  the  people  of  other  countries  ; 
but  there  is  no  country  under  God's  heavens  where  a  man  fuels 
to  his  fellow-man,  except  in  the  United  States.  If  you  could 
feel  how  despotism  looks  on  ;  how  jealous  the  despotic  powers 
of  the  world  are  of  our  glorious  institutions,  you  would  cherish 
the  Constitution  and  Union  to  your  hearts,  next  to  your  belief 
in  the  Christian  religion — the  Bible  for  Heaven  and  the  Con 
stitution  of  your  country  for  earth." 

These  noble  sentiments  were  received  with  enthusiastic  ap 
plause.  Indeed,  wherever  Mr.  Buchanan  went  he  was  greeted 
with  the  warmest  affection.  He  left  the  city  after  only  two 
days'  sojourn,  and  hastened  homeward.  Everywhere  on  the 
line  of  his  travel,  he  was  received  with  the  utmost  enthusiasm. 
He  was  taken  entirely  by  surprise,  and  so  humble  and  modest 
was  he  in  the  estimate  of  his  own  performances,  that  he  could 
not  account  for  the  popular  feeling.  At  his  place  of  residence, 
Lancaster,  however,  he  was  destined  to  be  more  than  surprised. 
It  seemed  as  if  the  entire  population,  men,  women,  and  chil 
dren,  had  turned  out  to  welcome  him  home.  He  could  undergo 


402  LIFE  AND    SERVICES   OF   JAMES   BUCHANAN. 

the  attentions  of  strangers,  but  when  he  saw  his  neighbors  en 
masse,  those  whom  he  had  lived  among  for  forty  years,  assem 
bled,  and  disputing,  as  it  were,  who  should  be  the  first  to 
express  their  gratification  for  his  safe  return,  he  was  over 
whelmed.  He  attempted  to  address  them,  but  for  a  time  his 
feelings  overcame  his  power  of  utterance,  and  a  tear  testi 
fied  more  deeply  than  the  greatest  eloquence  how  sensibly  he 
was  affected  by  the  cordial  greeting  which  was  so  spontane 
ously  extended  to  him.  After  the  reception  was  over,  Mr. 
Buchanan  sought  his  quiet  home,  Wheatland,  about  a  mile-and- 
a-half  west  of  the  city  of  Lancaster,  where  he  has  since  re 
mained. 

It  is  difficult,  in  these  days  of  political  misrepresentation,  to 
convince  people  that  every  man  who  is  a  candidate  for  the 
Presidency  is  not  engaged  in  a  deep  laid  scheme  for  his  own 
preferment.  Yet  Mr.  Buchanan  has  not  only  been  entirely 
guiltless  of  any  such  acts,  but  he  was  even  surprised  at  the 
general  feeling  in  his  favor.  When  informed  by  some  of  his 
friends  that  the  country  had  been  looking  with  anxiety  for  his 
return,  "  For  my  return  I"  said  Mr.  Buchanan  in  real  surprise, 
"Why  should  any  interest  be  taken  in  me  ?"  "Because,"  they 
replied,  "  your  consistent  and  candid  position  upon  all  public 
questions  have  inspired  all  with  confidence  in  you."  "  Well, 
said  Mr.  Buchanan,  "  I  certainly  have  not  sought  it.  I  have 
simply  endeavored  to  do  my  duty."  These  facts  afford  the 
key  to  the  whole  subject.  A  man  who,  with  honesty  of  pur 
pose,  strives  to  do  his  duty,  does  not  take  into  consideration 
the  effect  of  his  conduct ;  while  the  people,  with  that  natural 
instinct  which  always  responds  to  purity  of  intention,  take  up 
such  a  man,  and  bestow  upon  him  honors  that  he  did  not  ex 
pect,  and  is  surprised  to  receive.  In  this  way  has  Mr.  Buchanan 
been  placed  so  prominently  before  the  American  people. 


HIS    NOMINATION    AT    CINCINNATI.  405 

make  war  upon  even  the  immortal  Washington  were  he  now 
alive,  here  was  a  body  of  men  coming  up  from  every  town  and 
hamlet  in  our  glorious  confederacy,  and  harmoniously  working 
together  for  their  country's  good.  There  has  seldom,  if  ever, 
met  at  any  National  Convention  a  body  of  such  good  and  true 
men,  and  who  felt  so  fully  the  responsibilities  of  their  positions. 
This  is  attested  by  reliable  and  worthy  persons,  who  were  present, 
and  who  noted  the  fact  of  so  much  order,  sobriety  and  dignity, 
considering  the  immense  crowd  and  the  usual  circumstances  of 
excitement  attending  such  a  convention.  In  stating  the  result 
of  this  convention  it  is  only  necessary  to  say  that  Mr.  Buchanan 
was  unanimously  nominated  on  the  seventeenth  ballot,  amid  the 
most  tumultuous  cheering.  As  the  news  spread,  the  booming  of 
cannon  caught  up  the  expiring  cheers  and  prolonged  the  sound, 
until  from  the  North  to  the  South,  from  the  East  to  the  West 
the  joyful  responses  had  been  received  that  James  Buchanan 
was  as  unanimously  accepted  by  the  party,  as  he  had  been  by 
the  convention. 

As  it  may  often  be  necessary  to  refer  to  this  volume  during 
the  campaign,  we  give  below  the  platform  of  the  National 
Democratic  party  as  adopted  at  Cincinnati : 

PLATFORM    OF   THE    NATIONAL   DEMOCRATIC    CONVENTION,    1856. 

"  Resolved,  That  the  American  democracy  place  their  trust 
in  the  intelligence,  the  patriotism  and  the  discriminating  justice 
of  the  American  people. 

"  Resolved,  That  we  regard  this  as  a  distinctive  feature  of 
political  creed,  which  we  are  proud  to  maintain  before  the  world 
as  the  great  moral  element  in  a  form  of  government  springing 
from  and  upheld  by  the  popular  will ;  and  we  contrast  it  with 
the  creed  and  practice  of  federalism,  under  whatever  name  or 
form,  which  seeks  to  palsy  the  will  of  the  constituent,  and 
which  conceives  no  imposture'  too  monstrous  for  the  popular 
credulity. 


4:06  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

"  Resolved,  therefore,  That  entertaining  these  views,  the 
democratic  party  of  this  Union,  through  their  delegates  assem 
bled  in  a  general  convention,  coming  together  in  a  spirit  of 
concord,  of  devotion  to  the  doctrines  and  faith  of  a  free  repre 
sented  government,  and  appealing  to  their  fellow  citizens  for 
the  rectitude  of  their  intentions,  renew  and  re-assert  before  the 
American  people,  the  declarations  of  the  principles  avowed 
by  them  when,  on  former  occasions,  in  general  convention, 
they  have  presented  their  candidate  for  the  popular  suffra 
ges. 

"1.  That  the  federal  government  is  one  of  limited  power, 
derived  solely  from  the  Constitution  ;  and  the  grants  of  power 
made  therein  ought  to  be  strictly  construed  by  all  the  depart 
ments  and  agents  of  the  government  ;  and  that  it  is  inexpedient 
and  dangerous  to  exercise  doubtful  constitutional  powers. 

"  2.  That  the  Constitution  does  not  confer  upon  the  general 
government  the  power  to  commence  and  carry  on  a  general 
system  of  internal  improvement. 

"  3.  That  the  Constitution  does  not  confer  authority  upon  the 
federal  government,  directly  or  indirectly,  to  assume  the  debts 
of  the  several  States,  contracted  for  local  and  internal  improve 
ments,  or  other  State  purposes  ;  nor  would  such  assumption  be 
just  or  expedient. 

"  4.  That  justice  and  sound  policy  forbid  the  federal  govern 
ment  to  foster  one  branch  of  industry  to  the  detriment  of  any 
other,  or  to  cherish  the  interests  of  one  portion  to  the  injury 
of  another  portion  of  our  common  country  ;  that  every  citizen 
and  every  section  of  the  country  has  a  right  to  demand  and 
insist  upon  an  equality  of  rights  and  privileges,  and  to  complete 
and  ample  protection  of  persons  and  property  from  domestic 
violence  or  foreign  aggression. 

"5.  That  it  is  the  duty  of  every  branch  of  the  government 
to  enforce  and  practise  the  most  rigid  economy  in  conducting 
our  public  affairs,  and  that  no  more  revenue  ought  to  be  raised 
than  is  required  to  defray  the  necessary  expenses  of  the  govern- 


THE    NATIONAL    DEMOCRATIC    PLATFOKM.  40? 

ment,  and  for  the  gradual,  but  certain  extinction  of  the  public 
debt. 

"  6.  That  the  proceeds  of  the  public  lands  ought  to  be  sacredly 
applied  to  the  national  objects  specified  in  the  Constitution  ;  and 
that  we  are  opposed  to  any  law  for  the  distribution  of  such  pro 
ceeds  among  the  States,  as  alike  inexpedient  in  policy  and 
repugnant  to  the  Constitution. 

"7.  That  Congress  has  no  power  to  charter  a  national  bank  ; 
that  we  believe  such  an  institution  one  of  deadly  hostility  to 
the  best  interests  of  the  country,  dangerous  to  our  republican 
institutions  and  the  liberties  of  the  people,  and  calculated  to 
place  the  business  of  the  country  within  the  control  of  a  concen 
trated  money  power,  ,and  above  the  laws  and  the  will  of  the 
people  ;  and  that  the  results  of  democratic  legislation  in  this 
and  all  other  financial  measures  upon  which  issues  have  been 
made  between  the  two  political  parties  of  the  country,  have 
demonstrated  to  candid  and  practical  men  of  all  parties,  their 
soundness,  safety,  and  utility,  in  all  business  pursuits. 

"8.  That  the  separation  of  the  moneys  of  the  government 
from  banking  institutions  is  indispensable  for  the  safety  of 
the  funds  of  the  government  and  the  rights  of  the  people. 

"  9.  That  we  are  decidedly  opposed  to  taking  from  the  Pre 
sident  the  qualified  veto  power,  by  which  he  is  enabled,  under 
restrictions  and  responsibilities  amply  sufficient  to  guard  the 
public  interests,  to  suspend  the  passage  of  a  bill  whose  merits 
cannot  secure  the  approval  of  two  thirds  of  the  Senate  and 
House  of  Representatives,  until  the  judgment  of  the  people 
can  be  obtained  thereon,  and  which  saved  the  American  people 
from  the  corrupt  and  tyrannical  domination  of  the  Bank  of  the 
United  States,  and  from  a  corrupting  system  of  general  internal 
improvements. 

"  10.  That  the  liberal  principles  embodied  by  Jefferson  in  the 
Declaration  of  Independence,  and  sanctioned  in  the  Constitu 
tion,  which  makes  ours  the  land  of  liberty,  and  the  asylum  of 
the  oppressed  of  every  nation,  have  ever  been  cardinal  princi. 


408  LIFE    AND    SERVICES    OF    JAMKS    BUCHANAN. 

pies  in  the  democratic  faith,  and  every  attempt  to  abridge  the 
privilege  of  becoming  citizens  and  the  owners  of  soil  among  us, 
ought  to  be  resisted  with  the  same  spirit  which  swept  the  alien 
and  sedition  laws  from  our  statute  books. 

"  And  whereas,  Since  the  foregoing  declaration  was  uniformly 
adopted  by  our  predecessors  in  national  conventions,  an  adverse 
political  and  religious  test  has  been  secretly  organized  by  a 
party  claiming  to  be  exclusively  American,  it  is  proper  that  the 
American  democracy  should  clearly  define  its  relations  thereto, 
and  declare  its  determined  opposition  to  all  secret  political  soci 
eties  by  whatever  name  they  may  be  called. 

".Resolved,  That  the  foundation  of  this  union  of  States  hav 
ing  been  laid  in,  and  its  prosperity,  expansion  and  pre-eminent 
example  in  free  government,  built  upon  entire  freedom  in  mat 
ters  of  religious  concernment,  and  no  respect  of  person  in  regard 
to  rank  or  place  of  birth  ;  no  party  can  justly  be  deemed 
national,  constitutional,  or  in  accordance  with  American  princi 
ples,  which  bases  its  exclusive  organization  upon  religious 
opinions  and  accidental  birth-place.  'And  hence  a  political 
crusade  in  the  nineteenth  century,  and  in  the  United  States  of 
America,  against  catholics  and 'foreign  born,  is  neither  justified 
by  the  past  history  or  the  future  prospects  of  the  country,  nor 
in  unison  with  the  spirit  of  toleration  and  enlarged  freedom 
which  peculiarly  distinguishes  the  American  system  of  popular 
government. 

"  Resolved,  That  we  reiterate  with  renewed  energy  of  pur 
pose,  the  well-considered  declarations  of  former  conventions 
upon  the  sectional  issue  of  domestic  slavery,  and  concerning  the 
reserved  rights  of  the  States  : 

"  1.  That  Congress  has  no  power  under  the  Constitution  to 
interfere  with  or  control  the  domestic  institutions  of  the  several 
States,  and  that  such  States  are  the  sole  and  proper  judges  of 
everything  appertaining  to  their  own  affairs,  not  prohibited  by 
the  Constitution  ;  that  all  efforts  of  the  Abolitionists  or  others, 
made  to  induce  Congress  to  interfere  with  questions  of  slavery 


THE   NATIONAL   DEMOCRATIC   PLATFOBM.  409 

cr  to  take  incipient  steps  in  relation  thereto,  are  calculated  to 
lead  to  the  most  alarming  and  dangerous  consequences  ;  and 
that  all  such  efforts  have  an  inevitable  tendency  to  diminish  the 
happiness  of  the  people,  and  endanger  the  stability  and  per 
manency  of  the  Union,  and  ought  not  to  be  countenanced  by 
any  friend  of  our  political  institutions. 

"  2.  That  the  foregoing  proposition  covers,  and  was  intended 
to  embrace  the  whole  subject  of  slavery  agitation  in  Congress  ; 
and  therefore,  the  democratic  party  of  the  Union,  standing^  on 
this  national  platform,  will  abide  by  and  adhere  to  a  faithful 
execution  of  the  acts  known  as  the  Compromise  Measures,  settled 
by  the  Congress  of  1850  ;  '  the  act  of  reclaiming  fugitives  from 
service  or  labor,'  included  ;  which  act  being  designed  to  carry 
out  an  express  provision  of  the  Constitution,  cannot  with  fidelity 
thereto  be  repealed,  or  so  changed  as  to  destroy  or  impair  its 
efficiency. 

"  3.  That  the  democratic  party  will  resist  all  attempts  at 
renewing,  in  Congress  or  out  of  it,  the  agitation  of  the  slavery 
question,  under  whatever  shape  or  color  the  attempt  may  be 
made. 

"4.  That  the  democratic  party  will  faithfully  abide  by  and 
uphold  the  principles  laid  down  in  the  Kentucky  and  Virginia 
resolutions  of  1798,  and  in  the  report  of  Mr.  Madison  to  the 
Virginia  Legislature  in  1799  ;  that  it  adopts  those  principles. as 
constituting  one  of  the  main  foundations  of  its  jTolitical  creed, 
and  is  resolved  to  carry  them  out  in  their  obvious  meaning  and 
import. 

"  And  that  we  may  more  distinctly  meet  the  issue  on  which 
a  sectional  party,  subsisting  exclusively  on  slavery  agitation, 
now  relies  to  test  the  fidelity  of  the  people,  North  and  South, 
to  the  Constitution  and  the  Union — 

"  Resolved,  That  claiming  fellowship  with,  and  desiring  the 
co-operation  of  all  who  regard  the  preservation  of  the  Union 
under  the  Constitution  as  the  paramount  issue — and  repudiating 
all  sectional  parties  and  platforms  concerning  domestic  slavery 

18 


4:10  LIFE    AND    SERVICES    OF   JAMES    BUCHANAN. 

which  seek  to  embroil  the  States  and  incite  to  treason  and 
armed  resistance  to  law  in  the  territories  ;  and  whose  avowed 
purposes,  if  consummated,  must  end  in  civil  war  and  disunion — 
the  American  democracy  recognize  and  adopt  the  principles 
contained  in  the  organic  laws,  establishing  the  territories  of 
Kansas  and  Nebraska,  as  embodying  the  only  sound  and  safe 
solution  of  the  'slavery  question'  upon  which  the  great 
national  idea  of  the  people  of  this  whole  country  can  repose  in 
its.  determined  conservatism  of  the  Union — non-interference  by 
Congress  with  slavery  in  State  and  Territory,  or  in  the  District 
of  Columbia. 

"  2.  That  this  was  the  basis  of  the  compromises  of  1850 — 
confirmed  by  both  the  Democratic  and  Whig  parties  in  national 
conventions — ratified  by  the  people  in  the  election  of  1852 — 
and  rightly  applied  to  the  organization  of  territories  in  1854 

"  3.  That  by  the  uniform  application  of  this  democratic  prin 
ciple  to  the  organization  of  Territories,  and  the  admission  of 
new  States,  with  or  without  domestic  slavery,  as  they  may 
elect — the  equal  rights  of  all  the  States  will  be  preserved 
intact — the  original  compacts  of  the  Constitution  maintained 
inviolate — and  the  perpetuity  and  expansion  of  this  Union 
insured  to  its  utmost  capacity  of  embracing,  in  peace  and  har 
mony,  every  future  American  State  that  may  be  constituted  or 
annexed,  with  a  republican  form  of  government. 

"  Resolved,  That  we  recognize  the  right  of  the  people  of  all 
the  Territories,  including  Kansas  and  Nebraska,  acting  through 
the  legally  and  fairly  expressed  will  of  a  majority  of  actuaj 
residents  ;  and  whenever  the  number  of  their  inhabitants  justifies 
it,  to  form  a  Constitution,  with  or  without  domestic  slavery, 
and  be  admitted  into  the  Union  upon  terms  of  perfect  equality 
with  the  other  States. 

"  Resolved,  finally,  That  in  view  of  the  condition  of  popular 
institutions  in  the  Old  World  (and  the  dangerous  tendencies  of 
sectional  agitation,  combined  with  the  attempt  to  enforce  civil 
and  religious  disabilities  against  the  rights  of  acquiring  and 


THE  NATIONAL  DEMOCRATIC  PLATFORM.  4.11 

enjoying  citizenship  in  our  own  land) — a  high  and  sacred  duty 
is  devolved  with  increased  responsibility  upon  the  democratic 
party  of  this  country,  as  the  party  of  the  Union,. to  uphold  and 
maintain  the  rights  of  every  State,  and  thereby  the  Union  of 
the  "States  ;  and  to  sustain  and  advance  among  us  Consti 
tutional  liberty,  by  continuing  to  resist  all  monopolies  and 
exclusive  legislation  for  the  benefit  of  the  few  at  the  expense  of 
the  many,  and  by  a  vigilant  and  constant  adherence  to  those 
principles  and  compromises  of  the  Constitution,  which  are  broad 
enough  and  strong  enough  to  embrace  and  uphold  the  Union  as 
it  was,  the  Union  as  it  is,  and  the  Union  as  it  shall  be,  in  the 
full  expansion  of  the  energies  and  capacity  of  this  great  and 
progressive  people. 

"  [All  of  the  above  was  adopted  unanimously  by  the  Con 
vention.] 

"1,  Resolved,  That  there  are  questions  connected  with  the 
foreign  policy  of  this  country,  which  are  inferior  to  no  domestic ' 
question  whatever.  Tho  time  has  come  for  the  people  of  the 
United  States  to  declare  themselves  in  favor  of  free  seas  and 
progressive  free  trade  throughout  the  world,  and,  by  solemn 
manifestations,  to  place  their  moral  influence  at  the  side  of 
their  successful  example. 

"  [Adopted,  234  to  26.  Georgia,  Maryland,  Delaware,  and 
North  Carolina  voted  no.] 

"  2.  Resolved,  That  our  geographical  and  political  position 
with  reference  to  the  other  States  of  this  continent,  no  less  than 
the  interests  of  our  commerce  and  the  development  of  our  grow 
ing  power,  requires  that  we  should  hold  as  sacred  the  princi 
ples  involved  in  the  Monroe  doctrine  ;  their  bearing  and  import 
admit  of  no  misconstruction  ;  they  should  be  applied  with 
unbending  rigidity. 

"  [Adopted,  239  to  23.] 

"  3.  Resolved,  That  the  great  highway  which  nature,  as  well 
as  the  assent  of  the  States  most  immediately  interested  in  its 
maintenance,  has  marked  out  for  a  free  communication  between 


412  LIFE   AND   SERVICES   OF  JAMES  BITCHAKAK. 

the  Atlantic  and  Pacific  oceans,  constitutes  one  of  the  most  im 
portant  achievements  realized  by  the  spirit  of  modern  tunes, 
and  the  unconquerable  energy  of  our  people.  That  result 
should  be  secured  by  a  timely  and  efficient  exertion  of  the  con 
trol  which  we  have  the  right  to  claim  over  it,  and  no  power  on 
earth  should  be  suffered  to  impede  or  clog  its  progress  by  any 
interference  with  the  relations  it  may  suit  our  policy  to  establish 
between  our  government  and  the  governments  of  the  States 
within  whose  dominions  it  lies.  We  can,  under  no  circum 
stances,  surrender  our  preponderance  in  the  adjustment  of  all 
questions  arising  out  of  it. 

[Adopted,  199  to  56.  Maine  1,  Connecticut  2,  Virginia, 
Maryland,  and  Rhode  Island  formed  the  principal  nays.] 

"  4.  That  in  view  of  so  commanding  an  interest,  the  people  of 
the  United  States  cannot  but  sympathize  with  the  efforts  which 
are  being  made  by  the  people  of  Central  America  to  regenerate 
that  portion  of  the  continent  which  covers  the  passage  across 
the  interoceanic  Isthmus. 

[Adopted,  221  to  38.  Rhode  Island,  Delaware,  Maryland, 
South  Carolina,  and  Kentucky  voted  nay.] 

"  5.  Resolved,  That  the  democratic  party  will  expect  of  the 
next  administration  that  every  proper  effort  be  made  to  insure 
our  ascendency  in  the  Gulf  of  Mexico,  and  to  maintain  a  per 
manent  protection  to  the  great  outlets  through  which  are 
emptied  into  its  waters  the  products  raised  out  of  the  soil,  and 
the  commodities  created  by  the  industry  of  the  people  of  our 
Western  valleys,  and  of  the  Union  at  large. 

[Adopted,  229  to  30 — last  nearly  as  on  previous  one.] 

"  A  resolution  was  introduced  and  passed,  though  not 
adopted  as  a  part  of  the  platform,  declaring  it  to  be  the  duty 
of  the  general  government,  so  far  as  the  Constitution  will  per 
mit,  to  aid  in  the  construction  of  a  safe  overland  route  between 
the  Atlantic  and  the  Pacific  coasts." 

A  committee  was  appointed  to  wait  upon  Mr.  Buchanan  and 


LETTER   OF   NOMINATING   COMMITTEE.  413 

inform  him  officially  of  his  nomination.  These  gentlemen  repaired 
personally  to  Lancaster,  and  there  presented  to  Mr.  Buchanan 
the  following  letter  • 

"  LANCASTER,  June  13,  1856. 

"  SIR  :  The  National  Convention  of  the  democratic  party, 
which  assembled  at  Cincinnati  on  the  first  Monday  in  June, 
unanimously  nominated  you  as  a  candidate  for  the  office  of. 
President  of  the  United  States. 

"  We  have  been  directed  by  the  convention  to  convey  to  you 
this  intelligence,  and  to  request  you,  in  their  name,  to  accept 
the  nomination  for  the  exalted  trust  which  the  chief  magistracy 
of  the  Union  imposes. 

"  The  convention,  founding  their  action  upon  the  time- 
honored  principles  of  the  democratic  party,  have  announced 
their  views  in  relation  to  the  chief  questions  which  engage  the 
public  mind  ;  and,  while  adhering  to  the  truths  of  the  past, 
have  manifested  the  policy  of  the  present  in  a  series  of  reso 
lutions,  to  which  we  invoke  your  attention. 

"  The  convention  feel  assured,  in  tendering  to  you  this  signal 
proof  of  the  respect  and  esteem  of  your  countrymen,  that  they 
truly  reflect  the  opinion  which  the  people  of  the  United  States 
entertain  of  your  eminent  character  and  distinguished  public 
services.  They  cherish  a  profound  conviction  that  your  ele 
vation  to  the  first  office  in  the  Eepublic  will  give  a  moral 
guarantee  to  the  country  that  the  true  principles  of  the  Con 
stitution  will  be  asserted  and  maintained  ;  that  the  public  tran 
quillity  will  be  established  ;  that  the  tumults  of  factions  will  be 
stilled  ;  that  our  domestic  industry  will  flourish  ;  that  our  for 
eign  affairs  will  be  conducted  with  such  wisdom  and  firmness 
as  to  assure  the  prosperity  of  the  people  at  home,  while  the 
interests  and  honor  of  our  country  are  wisely  but  inflexibly 
maintained  in  our  intercourse  with  other  nations  ;  and,  espe 
cially,  that  your  public  experience  and  the  confidence  of  your 
countrymen  will  enable  you  to  give  effect  to  democratic  prin- 


4:14:  LIFE  AND   SERVICES   OF  JAMES  BUCHANAN. 

ciples,  BO  as  to  render  indissoluble  the  strong  bonds  of  mutual 

interest  and  national  glory  which  unite  our  confederacy  and 

secure  the  prosperity  of  our  people. 

"  While  we  offer  to  the  country  our  sincere  congratulations 

upon  the  fortunate  auspices  of  the  future,  we  tender  to  you, 

personally,  the  assurances  of  the  respect  and  esteem  of  your 

fellow-citizens, 

,  "  JOHN  E.  WARD, 

"  W.  A.  RICHARDSON, 
"  HARRY  HIBBARD, 
"  W.  B.  LAWRENCE, 
"  A.  G.  BROWN, 
"  JNO.  L.  MANNING, 
"  JOHN  FORSYTH, 
"  W.  PRESTON, 
"  J.  RANDOLPH  TUCKER, 
"  HORATIO  SEYMOUR. 
"  Hon.  JAMES  BUCHANAN. 

The  reply  of  Mr.  Buchanan  is  characterized  with  his  usual 
frankness  and  clearness,  and  places  in  a  prominent  light  all  the 
established  traits  of  his  character. 

• 

WHKATLAND  (near  Lancaster),  June  16, 1856. 

"  GENTLEMEN  :  I  have  thelionor  to  acknowledge  the  receipt 
of  your  communication  of  the  13th  instant,  informing  me  offi 
cially  of  my  nomination  by  the  Democratic  National  Conven 
tion,  recently  held  at  Cincinnati,  as  the  democratic  candidate 
for  the  office  of  President  of  the  United  States.  I  shall  not 
attempt  to  express  the  grateful  feelings  which  I  entertain  to 
wards  my  democratic  fellow-citizens  for  having  deemed  me 
worthy  of  this,  the  highest  political  honor  on  earth — an  honor 
such  as  the  people  of  no  other  country  have  the  power  to  be 
stow.  Deeply  sensible  of  the  vast  and  varied  responsibility 
attached  to  the  station,  especially  at  the  present  crisis  of  our 


HIS   REPLY.  415 

affairs,  I  have  carefully  refrained  from  seeking  the  nomination 
either  by  word  or  by  deed.  Now  that  it  has  been  offered  by  the 
democratic  party,  I  accept  it  with  diffidence  in  my  own  abili 
ties,  but  with  an  humble  trust  that,  in  the  event  of  my  election, 
I  may  be  enabled  to  discharge  my  duty  in  such  a  manner  as 
to  allay  domestic  strife,  preserve  peace  and  friendship  with 
foreign  nations,  and  promote  the  best  interests  of  the  repub 
lic. 

"  In  accepting  the  nomination,  I  need  scarcely  say  that  I 
accept  in  the  same  spirit  the  resolutions  constituting  the  plat 
form  of  principles  erected  by  the  convention.  To  this  platform 
I  intend  to  confine  myself  throughout  the  canvass,  believing 
that  I  have  no  right,  as  the  candidate  of  the  democratic  party, 
by  answering  interrogatories,  to  present  new  and  different 
issues  before  the  people. 

"  It  will  not  be  expected  that  in  this  answer  I  should  spe 
cially  refer  to  the  subject  of  each  of  the  resolutions,  and  I  shall, 
therefore,  confine  myself  to  the  two  topics  now  most  promi 
nently  before  the  people. 

"  And,  in  the  first  place,  I  cordially  concur  in  the  sentiments 
expressed  by  the  convention  on  the  subject  of  civil  and  reli 
gious  liberty.  No  party  founded  on  religious  or  political 
intolerance  towards  one  class  of  American  citizens,  whether 
born  in  our  own  or  in  a  foreign  land,  can  long  continue  to  ex 
ist  in  this  country.  We  are  all  equal  before  God  and  the 
Constitution  ;  and  the  dark  spirit  of  despotism  and  bigotry 
which  would  create  odious  distinctions  among  our  fellow-citi 
zens  will  be  speedily  rebuked  by  a  free  and  enlightened  public 
opinion. 

"  The  agitation  of  the  question  of  domestic  slavery  has  too 
long  distracted  and  divided  the  people  of  this  Union  and  alien 
ated  their  affections  from  each  other.  This  agitation  has 
.assumed  many  forms  since  its  commencement,  but  it  now  seems 
to  be  directed  chiefly  to  tne  territories  ;  and,  judging  from  its 
present  character,  I  think  we  may  safely  anticipate  that  it  is 


4-16  LIFE   AND   SERVICES    OF   JAMES    BUCHANAN. 

rapidly  approaching  a  '  finality.'  The  recent  legislation  of 
Congress  respecting  domestic  slavery,  derived,  as  it  has  been, 
from  the  original  and  pnre  fountain  of  legitimate  political 
power,  the  will  of  the  majority,  promises  ere  long  to  allay  the 
dangerous  excitement.  This  legislation  is  founded  upon  princi 
ples  as  ancient  as  free  government  itself,  and,  in  accordance 
with  them,  has  simply  declared  that  the  people  of  a  territory, 
like  those  of  a  State,  shall  decide  for  themselves  whether 
slavery  shall  or  shall  not  exist  within  their  limits. 

"The  Nebraska-Kansas  act  does  no  more  than  give  the 
force  of  law  to  this  elementary  principle  of  self-government, 
declaring  it  to  be  '  the  true  intent  and  meaning  of  this  act 
not  to  legislate  slavery  into  any  Territory  or  State,  nor  to 
exclude  it  therefrom,  but  to  leave  the  people  thereof  perfectly 
free  to  form  and  regulate  their,  domestic  institutions  in  their 
own  way,  subject  only  to  the  Constitution  of  the  United 
States."  This  principle  will  surely  not  be  controverted  by 
any  individual  of  any  party  professing  devotion  to  popular 
government.  Besides,  how  vain  and  illusory  would  any  other 
principle  prove  in  practice  in  regard  to  the  Territories  ! 
This  is  apparent  from  the  fact  admitted  by  all,  that,  after  a 
Territory  shall  have  entered  the  Union  and  become  a  State,  no 
Constitutional  power  would  then  exist  which  could  prevent  it 
from  either  abolishing  or  establishing  slavery,  as  the  case  may 
be,  according  to  its  sovereign  will  and  pleasure. 

"  Most  happy  would  it  be  for  the  country  if  this  long  agi 
tation  were  at  an  end.  During  its  whole  progress  it  has  pro 
duced  no  practical  good  to  any  human  being,  whilst  it  has  been 
the  source  of  great  and  dangerous  evils.  It  has  alienated  and 
estranged  one  portion  of  the  Union  from  the  other,  and  has  even 
seriously  threatened  its  very  existence.  To  my  own  personal 
knowledge,  it  has  produced  the  impression  among  foreign. nations 
that  our  great  and  glorious  confederacy  is  in  constant  danger 
of  dissolution.  This  does  us  serious  injury,  because  acknow 
ledged  power  and  stability  always  command  respect  among 


HIS   KEPLY.  417 

nations,  and  are  among  the  best  securities  against  unjust 
aggression,  and  in  favor  of  the  maintenance  of  honorable  peace. 

"  May  we  not  hope  that  it  is  the  mission  of  the  democratic 
party,  now  the  only  surviving  conservative  party  of  the  country, 
ere  long  to  overthrow  all  sectional  parties,  and  restore  the 
peace,  friendship,  and  mutual  confidence  which  prevailed  in  the 
good  old  time  among  the  different  members  of  the  confederacy  ? 
Its  character  is  strictly  national,  and  it  therefore  asserts  no 
principle  for  the  guidance  of  the  federal  government  which  is 
not  adopted  and  sustained  by  its  members  in  each  and  every 
State.  For  this  reason  it  is  the  same  determined  foe  of  all 
geographical  parties,  so  much  and  so  justly  dreaded  by  the 
Father  of  his  Country.  From  its  very  nature  it  must  continue 
to  exist  so  long  as  there  is  a  Constitution  and  a  Union  to  pre 
serve.  A  conviction  of  these  truths  has  induced  many  of  the 
purest,  the  ablest,  and  most  independent  of  our  former  oppo 
nents,  who  have  differed  from  us  in  times  gone  by  upon  old 
and  extinct  party  issues,  to  come  into  our  ranks  and  devote 
themselves  with  us  to  the  cause  of  the  Constitution  and  the 
Union.  Under  these  circumstances,  I  most  cheerfully  pledge 
myself,  should  the  nomination  of  the  convention  be  ratified  by 
the  people,  that  all  the  power  and  influence  Constitutionally 
possessed  by  the  Executive  shall  be  exerted,  in  a  firm  but  con 
ciliatory  spirit,  during  the  single  term  I  shall  remain  in  office, 
to  restore  the  same  harmony  among  the  sister  States  which 
prevailed  before  this  apple  of  discord,  in  the  form  of  slavery 
agitation,  had  been  cast  into  their  midst.  Let  the  members  of 
the  family  abstain  from  intermeddling  with  the  exclusive  domes 
tic  concerns  of  each  other,  and  cordially  unite  on  the  basis  of 
perfect  equality  among  themselves,  in  promoting  the  great 
national  objects  of  common  interest  to  all,  and  the  good  work 
will  be  instantly  accomplished. 

"  In  regard  to  our  foreign  policy,  to  which  you  have  refer 
red  in  your  communication,  it  is  quite  impossible  for  any  human 
fore-knowledge  to  prescribe  positive  rules  la  advance  to  regulate 

18* 


4:18  LIFE   AND    SERVICES    OF   JAMES   BUCHANAN. 

the  conduct  of  a  future  administration  in  all  the  exigencies 
which  may  arise  in  our  various  and  ever-changing  relations 
with  foreign  powers.  The  federal  government  must,  of  neces 
sity,  exercise  a  sound  discretion  in  dealing  with  international 
questions  as  they  may  occur  ;  but  this  under,  the  strict  respon 
sibility  which  the  executive  must  always  feel  to  the  people  of 
the  United  States,  and  the  judgment  of  posterity.  You  will, 
therefore,  excuse  me  for  not  entering  into  particulars  ;  whilst 
I  heartily  concur  with  you  in  the  general  sentiment,  that  our 
foreign  affairs  ought  to  be  conducted  with  such  wisdom  and 
firmness,  as  to  assure  the  prosperity  of  the  people  at  home, 
whilst  the  interests  and  honor  of  our  country  are  wisely, 
but  inflexibly,  maintained  abroad.  Our  foreign  policy  ought 
ever  to  be  based  upon  the  principle  of  doing  justice  to  all 
nations,  and  requiring  justice  from  them  in  return  ;  and  from 
this  principle  I  shall  never  depart. 

"  Should  I  be  placed  in  .the  executive  chair,  I  shall  use  my 
best  exertions  to  cultivate  peace  and  friendship  with  all  nations, 
believing  this  to  be  our  highest  policy,  as  well  as  our  most 
imperative  duty  ;  but,  at  the  same  time,  I  shall  never  forget 
that  in  case  the  necessity  should  arise,  which  I  do  not  now 
apprehend, our  national  rights  and  national  honor  must  be  pre 
served  at  all  hazards  and  at  any  sacrifice. 

"  Firmly  convinced  that  a  special  Providence  governs  the 
affairs  of  nations,  let  us  humbly  implore  His  continued  bless 
ing  upon  our  country,  and  that  He  may  avert  from  us  the 
punishment  we  justly  deserve  for  being  discontented  and  un 
grateful  while  enjoying  privileges  above  all  nations,  under  such 
a  constitution  and  such  a  Union  as  has  never  been  vouchsafed 
to  any  other  people. 

"  Yours,  very  respectfully, 

"JAMES  BUCHANAN." 

Hon.  JOHN  E.  WARD,  W.  A.  RICHARDSON,  HARRY  HIBBARD,  W.  B.  LAW 
RENCE,  A.  G.  BROWN,  JOHN  L.  MANNING,  JOHN  FORSYTE,  W.  PRESTON, 
J.  RANDOLPH  TUCKER,  and  HORATIO  SEYMOUR,  Committee,  &c. 


AT  HOME.  419 


CHAPTER  XXIV. 

Conclusion — Mr.  Buchanan  at  Home. 

HAVING  in  the  preceding  chapters  given  a  brief  review  of 
some  of  the  more  prominent  events  in  Mr.  Buchanan's  life,  as 
well  as  the  more  important  of  his  many  public  services,  it  is  no 
more  than  right  to  close  this  volume  with  some  reference  to 
his  personal  character.  To  a  certain  extent  the  private  rela 
tions  of  any  man  who  is  presented  to  the  people  of  the  United 
States  to  receive  their  suffrages  for  the  highest  office  in  their 
gift,  is  a  fair  and  proper  subject  of  inquiry.  "  Upon  private 
integrity,"  said  the  illustrious  Washington,  "  rests  all  the  safe 
guards  of  public  virtue."  The  people  have,  therefore,  undoubt 
edly  the  right  to  inquire  whether  the  candidate  before  them 
possess  these  qualities  both  of  mind  and  heart,  which  will  con 
fer  honor  even  upon  the  exalted  office  to  which  he  may  be 
elected,  and  give,  at  the  same  time,  a  guarantee  that  public 
truth  will  flow  legitimately  from  private  integrity.  It  is  no 
exaggeration  to  say,  that  Mr.  Buchanan  is  a  model  of  all  that 
is  praiseworthy  or  admirable  in  the  character  of  a  public  man, 
His  has  been  a  life  of  thorough  discipline,  of  rigid  and  careful 
culture,  and,  guided  by  those  simple  methodical  habits,  which 
were  imbibed  in  early  life,  at  the  feet  of  a  devoted  mother,  it  is 
not  surprising  that  they  have  been  the  foundation  of  a  charac 
ter  at  once  graceful  in  its  parts  and  symmetrical  in  its  com 
plete  proportions. 

One  of  the  strongest  traits  in  Mr.  Buchanan's  personal  life, 
is  the  hold  he  has  upon  the  affections  of  the  people  among 


420  LIFE   AND   8EKTICE8   OF   JAMES    BUCHANAN. 

whom  he  resides.  His  political  enemies  have  represented  him 
as  cold  and  distant  in  his  manners.  There  never  was  a  more 
unfounded  statement.  The  writer  of  this  has  been  among  his 
friends  and  neighbors,  and  conversed  unreservedly  with  all  he 
met,  and  the  universal  voice  was  that  for  genial,  and  warm 
hearted  friendship  he  has  no  equal.  This  feeling  is  not  con 
fined  to  any  class  of  the  population,  but  all,  rich  and  poor, 
unite  in  the  same  expression.  In  one  respect,  perhaps,  Mr. 
Buchanan  may  not  meet  the  expectations  of  some.  He  is  not 
of  that  facile,  ever-changing  mould,  capable  of  adapting  him 
self  to  any  and  every  individual  he  meets,  and  conquering  their 
friendship  by  addressing  their  vanity.  To  such  persons,  friend 
ship  is  but  a  name.  To  individuals  like  Mr.  Buchanan,  it  is 
an  affection  founded  upon  an  acquaintance  which  ripens  into 
confidence.  All  who  meet  him  are  at  once  convinced  of  the 
kindness  of  his  disposition,  and  the  sincerity  of  his  heart.  There 
is  an  eatire  absence  of  display,  no  ostentation  or  formality  ;  but 
accustomed  to  mingle  freely  with  all  classes  of  society,  he  in 
stinctively  rejects  everything  that  looks  like  pride  or  fashion. 

In  this  respect,  he  is  an  index  of  the  people  among  whom 
he  resides.  Probably  there  is  no  agricultural  population  of 
equal  wealth  in  our  country  which  has  retained  so  many  habits 
of  rural  simplicity,  as  that  of  the  county  of  Lancaster,  in  Penn 
sylvania.  It  has  resisted  with  success  the  follies  of  fashionable 
life  which  naturally  radiate  from  our  large  seaboard  towns,  and 
in  the  whole  city  of  Lancaster,  a  place  of  some  seventeen 
thousand  inhabitants,  there  is  less  fashion  and  display  to  be 
found  than  in  one  small  New  England  village.  The  church 
of  the  Presbyterian  denomination,  which  Mr.  Buchanan  regularly 
attends,  is  a  structure  so  limited  in  size,  and  so  plain  and 
unpretending  in  appearance,  that  it  would  shock  the  sensibili 
ties  of  the  majority  of  metropolitan  church  goers. 

Mr.  Buchanan's  equanimity  of  mind  is  one  of  the  most 
admirable,  as  it  is  one  of  the  most  prominent,  features  of  his 
character.  His  natural  disposition  is  exceedingly  buoyant,  and 


„  AT   HOME.  421 

as  years  have  gradually  crept  over  him,  silvering  his  locks  with 
the  frosts  of  age,  the  original  tendency  of  his  mind  has  not 
been  perverted,  only  modified,  and  at  this  day  he  presents  that 
joyous  spectacle  where  the  freshness  of  youth  is  united  to  the 
calmness  and  maturity  of  age.  It  is  believed  there  is  no 
instance  during  the  whole  course  of  Mr.  Buchanan's  public  life 
where  his  equanimity  of  temper  was  seriously  disturbed.  At 
all  times  and  under  all  circumstances,  he  has  been  enabled  to 
bring  to  the  consideration  of  questions  a  mind  free  from  that 
species  of  insanity,  where  passion  usurps  the  place  of  reason, 
It  has  been  noted  with  what  dignity  he  repelled  the  outrageous 
attack  made  upon  him  by  John  Davis  of  Massachusetts.  Few 
men  would  have  borne  themselves  through  such  a  provoking 
assault,  without  losing  that  command  of  their  temper  which  a 
proper  respect  for  one's  place  and  position  requires,  but  which 
it  is  almost  impossible,  under  great  provocation,  to  exercise. 
Upon  another  occasion  Mr.  Clay  indulged,  in  the  course  of 
some  remarks,  in  a  reference  to  the  charge  of  "  low  wages  n  in 
such  a  manner  as  to  cast  a  reflection  upon  Mr.  Buchanan 
When  he  had  concluded  Mr.  Buchanan  rose  with  his  usual 
dignity  and  deliberation  and  said,  "he  had  listened  with  his 
usual  gratification  to  the  reply  of  the  distinguished  senator 
from  Kentucky,  with  the  exception  of  a  single  remark.  I  refer 
to  his  allusion  to  the  electioneering  slang  of  the  late  contest  on 
the  subject  of  low. wages.  That  remark  was  wholly  unworthy 
of  that  senator,  and  I  intend,to  answer  it  as  it  deserves." 

Mr.  Clay  observing  that  Mr.  Buchanan  had  taken  his  remark 
in  a  serious  manner,  interrupted  him  and  begged  to  be  permit 
ted  to  explain.  He  expressly  disclaimed  any  offensive  purpose 
in  his  remark,  and  declared  "  that  it  was  meant  only  as  a 
playful  allusion  and  not  intended  to  wound  the  feelings  of  the 
senator  in  the  least."  Mr.  Buchanan  replied,  "  I  am  entirely 
satisfied  and  am  glad  we  are  friends  again."  This  disavowal 
on  the  part  of  Mr.  Clay  of  any  respect  for  the  charge  of  John 
Davis,  as  a  serious  one  against  Mr.  Buchanan,  was  exactly  in 


422  LIFE   AND   SERVICES   OF  JAMES   BUCHANAN. 

accordance  with  Mr,  Clay's  well  known  generosity  of  character, 
and  should  shame  all  at  the  present  day  who  have  the  hardi 
hood  to  revive  the  exploded  slander.  It  is  by  such  evenness  of 
temper  and  entire  self-possession  as  we  have  referred  to  in  the 
foregoing  instances,  that  Mr.  Buchanan  has  been  enabled  to 
pass  a  long  public  life  without,  it  is  believed,  having  a  single 
personal  enemy  among  his  political  opponents. 

The  equanimity  of  Mr.  Buchanan's  temper  is  only  equalled 
by  the  generosity  of  his  disposition.  Did  it  not  seem  like 
parading  before  the  public,  deeds  whose  sincere  benevolence  has 
made  them  almost  sacred,  we  might  specify  numerous  instances 
where  his  unostentatious  charity  has  been  conspicuous.  Such 
a  course,  we  feel  confident,  would  be  as  distasteful  to  him  as  it 
might  seem  obtrusive  to  the  public. 

"  The  secret  pleasure  of  a  generous  act 
Is  the  great  mind's  great  bribe." 

To  show,  however,  what  his  neighbors  think  of  him  in  this  res 
pect,  we  give  the  following  quotation  from  a  newspaper  published 
in  the  place  of  his  residence,  and  coming  as  it  does  from  a  political 
opponent,  and  since  his  nomination  for  the  presidency,  it  cannot 
be  suspected  of  any  partiality.  The  editor  says  : 

"We  knew  Mr.  Buchanan  as  one  of  our  most  respected 
fellow  citizens — a  gentleman  of  unblemished  personal  integrity, 
and  unusually  agreeable  manners  in  his  social  intercourse  with 
all  classes.  We  knew  him  as  a  friend  of  the  poor — as  a 
perpetual  benefactor  of  the  poor  widows  of  this  city,  who, 
when  the  piercing  blasts  of  each  successive  winter  brought 
shrieks  of  cold,  and  hunger,  and  want,'  in  the  frail  tenements 
of  Poverty,  could  apply  to  the  '  Buchanan  Relief  Donation '  for 
their  annual  supply  of  wood,  and  sitting  down  with  their 
orphaned  children  in  the  cheerful  warmth  of  a  blazing  fire,  lift 
their  hearts  in  silent  gratitude  to  God,  and  teach  their  little 
ones  to  bless  the  name  of  James  Buchanan.  As  a  citizen,  a 


AT   HOME.  423 

neighbor,  a  friend — in  a  word,  as  simply  James  Buchanan,  we 
yielded  to  no  man  in  the  measure  of  our  respect  and  esteem." 

The  "  Buchanan  Eelief  Donation  "  referred  to,  consists  of  a 
fund  of  several  thousand  dollars  invested  by  him  a  number  of 
years  since,  for  purposes  indicated  in  the  foregoing  extract.  If, 
as  Byron  asserts, 

"  The  drying  up  a  single  tear  has  more 
Of  honest  fame  than  shedding  seas  of  gore," 

then  most  assuredly  has  Mr.  Buchanan  attained  it. 

The  following  extract  from  a  private  letter  from  a  gentleman 
at  Washington,  written  since  the  nomination,  gives  such  a 
graphic  picture  of  Mr.  Buchanan  at  home,  that  we  make  no 
apology  for  introducing  it  here  : 

"  While  at  Lancaster,  on  professional  business,  I  called  at  his 
residence,  a  mile  and  a  half  from  the  city,  to  see  Mr.  Buchanan, 
with  whom  I  had  been  somewhat  acquainted  from  his  entrance 
into  the  U.  S.  Senate,  in  1835.  I  found  him  at  Wheatland, 
once  a  large  farm  noted  for  its  yield  of  the  cereal  which  con 
ferred  its  name,  now  by  subdivisions  in  passing  through  several 
generations,  reduced  to  some  thirty  acres.  He  occupies  an 
ancient,  but  spacious,  brick  dwelling  surrounded  by  a  beautiful 
grove,  planted  by  an  early  owner.  The  cultivation  is  limited 
to  a  large  garden  and  a  few  acres  of  wheat  and  oats,  while  a 
cow  is  in  full  possession  of  the  most  beautiful  hickory  grove  I 
ever  saw.  I  found  Mr.  B.  in  his  library,  the  largest  room  in 
his  house,  which  is  well  filled  with  books,  and  very  neatly  and 
appropriately  fitted  up  with  furniture  of  Pennsylvania  oak.  He 
receives  his  company  with  a  courtesy  and  simplicity  that  make 
every  one  feel  at  his  ease,  though  he  never  appears  undignified. 
His  conversation  has  a  peculiar  charm,  because  he  uses,  as  Mr. 
Calhoun  did,  common  and  plain  language  to  communicate  his 
thoughts.  He  never  confounds  you  with  language,  or  words 


424:  LIFE   AND   6EKVICE8   OF  JAMES   BUCHANAN. 

you  do  not  understand,  nor  does  lie  attempt  to  dazzle  by  strik 
ing  expressions  or  applying  pungent  epithets.  His,  is  the  clear 
explicit  language  of  every  day  life,  and  which  is  most  befitting 
all  stations. 

'"  Everything  about  him  indicated  that  he  loves  order  and 
quiet,  and  that  the  tendency  of  his  mind  is  in  favor  of  utility. 
There  is  nothing  gaudy  or  frivolous  to  be  found  in  his  house. 
Its  furniture  is  plain,  substantial,  and  appropriate  to  its  place 
and  uses.  His  affection  for  his  friends  is  manifested  in  all 
parts  of  his  house.  I  was  much  gratified  in  finding  in  his 
library  a  likeness  of  the  lafe  Vice-President  King,  whom  he 
loved  (and  who  did  not  ?)  He  declared  that  he  was  the  purest 
public  man  that  he  ever  knew,  and  that  during  his  intimate 
acquaintance  of  thirty  years  he  had  never  known  him  to  perform 
a  selfish  act.  Mr.  B.'s  tastes  are  of  the  most  simple  kind,  and 
he  lives,  like  his  neighbors,  without  attempting  foolish  osten 
tation  or  wearisome  display.  His  uniform  frugality  has  crowned 
his  latter  years  with  a  liberal  competence,  never  contaminated 
by  parsimony.  Poverty  and  affliction  never  solicited  of  him  in 
vain.  He  has  always  been  liberal  and  charitable.  He  is  now 
about  sixty-five  years  of  age  and  has  never  married.  His  family 
consists  of  himself  and  niece,  whose  education  has  been  mainly 
under  his  direction,  and  who  accompanied  him  during  his  late 
mission  to  England,  and  whose  knowledge  and  sense,  derived 
from  books,  study  and  reflection,  peculiarly  qualify  her  to  grace 
and  cheer  the  fireside  of  the  Sage  of  Wheatland. 

"  Mr.  Buchanan  is  very  frank  with  his  friends,  and  is  always 
ready  to  avail  himself  of  their  suggestions,  when  appropriate. 
I  was  much  struck  with  the  attachment  of  his  old  neighbors 
and  friends,  and  indeed  of  all  Pennsylvanians,  to  him  person 
ally.  I  saw  no  man  in  Lancaster,  who  was  not  his  devoted 
friend.  You  would  be  surprised  to  learn  the  large  number  who 
voluntarily  tell  you  of  his  numerous  acts  of  kindness  to  them, 
or  their  parents,  relatives  or  neighbors.  His  old  clients  are 
universally  attached  to  him,  and  many  speak  of  his  gratuitous 


AT  HOME.  425 

professional  services,  in  fighting  the  battles  of  the  poor.  A 
stranger  would  suppose  that  the  entire  population  were  his 
friends.  During  a  stay  of  two  days,  at  his  house,  I  found  him 
thronged  with  company,  from  early  morning  till  a  late  hour  in 
the  evening,  who  came  to  congratulate  him  upon  his  safe  return 
from  Europe,  and  triumphant  nomination.  The  numerous  calls 
from  the  Pennsylvania  farmers  seemed  to  afford  him  great 
pleasure.  There  was  an  earnest  sincerity  manifested  by  them, 
that  touched  the  heart.  This  deep  feeling  of  attachment  was 
strikingly  illustrated  when  I  was  present.  A  Kentucky  drover 
had  been  to  Philadelphia,  and  sold  his  cattle  to  a  city  dealer. 
When  the  business  was  closed,  the  latter  came  with  the  former 
to  Lancaster,  a  distance  of  seventy  miles,  apparently  for  the 
sole  purpose  of  congratulating  Mr.  Buchanan,  and  introducing 
his  western  friend.  I  was  told  of  other  as  striking  instances  of 
attachment. 

"  I  saw  many  prominent  whigs  at  'his  house,  and  others  on 
the  way,  who  openly  avowed  their  intention  to  vote  for  Mr. 
Buchanan.  The  reasons  for  so  doing,  were,  either  personal  at 
tachment,  or  an  avowed  strong  desire  to  repress  all  agitation 
and  action  tending  to  disunion,  and  a  wish  to  restore  national 
harmony  and  quiet.  They  seemed  to  be  confident  that  his  elec 
tion  would  produce  this  desirable  result.  Some  referred  to  our 
foreign  affairs,  and  expressed  the  opinion  that  his  experience, 
wisdom  and  prudence  would  keep  them  from  falling  into  con 
fusion,  or  resulting  in  contention  or  stain  upon  national  honor. 

"  Mr.  Buchanan  is  a  large,  muscular  man,  who  enjoys  the 
most  perfect  health,,  and  is  capable  of  enduring  as  much  labor 
as  a  young  man.  During  the  time  I  was  with  him,  I  heard  of 
no  subject  of  conversation,  with  which  he  was  not  familiar.  He 
was  early  distinguished  as  a  sound  lawyer.  Ten  years'  service 
in  fhe  House,  and  ten  in  the  Senate,  made  him  familiar  with 
the  legislation  and  policy  of  the  country.  Three  years  service 
in  Kussia  and  three  years  in  England,  as  Minister,  and  four  in 
the  State  department,  as  Secretary,  made  him  more  familiar 


4:26  LIFE   AND    SERVICES   OF   JAMES   BUCHANAN. 

with  our  foreign  relations  than  any  other  living  man.  From 
this  you  will  readily  believe  that  it  is  a  treat  to  converse  with 
him  on  diplomatic  as  well  as  other  subjects,  and  that  those  who 
spend  much  time  with  him,  depart  greatly  wiser  than  they 
came.  He  instructs  without  making  one  feel  that  he  does  so, 
and  you  regret  when  he  is  called  off  from  the  subject  in  hand. 
Had  the  state  of  my  own  business  permitted,  I  should  have 
been  but  too  happy  to  have  enjoyed  his  hospitality  and  society 
for  a  much  longer  period  and  to  have  profited  by  conversation 
with  one  so  well  qualified  to  impart  wisdom  and  knowledge. 

"  Like  General  Jackson,  he  seems  to  have  nothing  to  con 
ceal.  He  remarked,  that  the  time  was  when  he  was  anxious  to 
be  elected  President,  but  years,  and  the  loss  of  those  who  had 
served  long  with  him  in  public  life,  and  who  would  have  ren 
dered  him  the  needed  support,  had  changed  his  feelings  upon 
the  subject.  He  had  now  been  made  a  candidate  without  an 
effort  of  his  own,  and  he  felt  bound  to  submit  to  the  wishes  of 
his  friends,  and  therefore  consented  to  become  the  representa 
tive  of  their  principles  and  wishes.  When  referring  to  the  fact 
that  all  who  entered  public  life  with  him  had  left  the  stage,  and 
he  was  left  alone,  he  seemed  deeply  affected.  A  new  genera 
tion  had  sprung  up  around  him,  to  many  of  whom  he  was  much 
attached,  but  they  had  not  been  his  companions  in  arms  in  the 
political  conflicts  of  his  early  life.  But  the  sons  of  his  early 
friends  had  demanded  his  services,  and  he  had  no  right  to 
refuse.  He  inquired,  with  emphasis,  i  why  should  I,  after  forty 
years  spent  in  the  turmoil  and  excitement  of  public  life,  wish  to 
leave  my  quiet  home,  and  assume  the  responsibilities  and  cares 
incident  to  the  presidency  ?  A  sense  of  duty  alone  has  induced 
me  to  accept  the  nomination.  They  tell  me  that  the  use  of  my 
name  will  still  the  agitated  waters,  restore  public  harmony,  by 
banishing  sectionalism,  and  remove  all  apprehension  of  disunion. 
For  these  objects  I  would  not  only  surrender  my  own  ease  and 
comfort,  but  cheerfully  lay  down  my  life.  Considerations  like 
these  have  imposed  upon  me  the  duty  of  yielding  to  the  wishes 


CONCLUSION.  427 

of  those  who  must  know  what  the  public  good  requires/  I 
could  not  doubt  he  spoke  what  he  strongly  felt.  It  made  a 
deep  impression  upon  my  mind.  I  shall  long  remember  this 
visit,  and  whatever  may  be  the  future  course  of  his  political 
fortunes,  I  shall  never  cease  to  admire  and  venerate  the  Union- 
loving  sage  of  Wheatland." 

Such  is  the  man  now  presented  to  the  American  people  for 
their  suffrages.  In  the  sunset  of  an  honorable  life,  with  his 
eye  yet  undimmed,  and  his  natural  force  unabated,  he  is 
brought  forward  by  the  spontaneous  voice  of  his  countrymen. 
Said  the  great  Edmund  Burke,  "When  bad  men  combine,  good 
men  should  unite  ;"  and  without  stopping  to  inquire  whether 
those  who  have  combined  on  sectional  issues  are  bad  or  not, 
certainly  their  success  can  only  add  fuel  to  the  present  flame 
of  unholy  strife.  All  good  aid  reasonable  men  must  therefore 
be  convinced  that  the  peace,  prosperity,  and  safety  of  twenty 
millions  of  the  happiest,  freest,  and  most  advanced  "white  men, 
with  their  noble  structure  of  republican  government,  cemented 
by  the  blood,  the  sufferings,  and  treasures  of  their  ancestors, 
should  not  be  sacrificed — nay,  not  even  jeopardized  for  the  sup 
posed  interests  of  three  millions  of  the  African  race,  who, 
whatever  may  be  their  present  condition,  are  certainly  better 
off  than  any  other  three  million  of  their  own  race  of  which  we 
have  any  knowledge. 

This  Union,  with  its  inestimable  blessings,  its  patriotic  asso 
ciations,  its  trial  of  the  capacity  of  men  for  self-government,  is 
so  invaluable  to  the  cause  of  suffering  humanity  throughout  the 
world,  that  should  the  American  people,  with  sacrilegious  hands, 
tear  down  this  noble  temple  of  liberty,  they  would  deserve, 
as  they  would  undoubtedly  receive,  the  just  contempt  and  exe 
cration  of  posterity.  To  restore  peace  to  our  already  distracted 
country,  to  unite  once  more  the  bonds  of  fraternal  feeling 
between  all  sections,  and  in  the  language  of  the  immortal 
Washington,  "  to  frown  indignantly  upon  the  first  dawning  of 


4:28  LIFE   AND    SERVICES   OF  JAMES   BUCHANAN. 

every  attempt  to  alienate  any  portion  of  our  country  from  the 
rest,"  we  cannot  but  believe  that  an  overwhelming  majority, 
North  as  well  as  South,  will  insist  upon  placing  in  the  presi 
dential  chair,  the  consistent  statesman,  the  pure  patriot,  and 
the  honest  man,  JAMES  BUCHANAN. 


j.  c.  DERBY'S  PUBLICATIONS. 


THE  GREAT  DELUSION  OF  THE  NINETEENTH  CENTURY. 


SPIRIT-RAPPINQ    UNVKILED  1 

AN  EXPOSE    OF  THE    ORIGIN,   HISTORY,   THEOLOGY,   AND   PHILOSOPHY 

OP    CERTAIN    COMMUNICATIONS   WITH    THE    SPIRIT    WORLD, 

BY     MEANS      OF     "SPIRIT-RAPPING,"      "MEDIUM 

WRITING,"    &C. 

JSY  THE  REV.   ff.  MATJSON,  A.  M. 

With  Illustrations.    A  new  edition,  with  an  Appendix,  containing  much 
additional  matter.     One  12mo  vol.,  price  75  cents. 

"  This  book  is  sufficient  to  make  any  man  cry,  if  it  did  not  make  him  laugh.  And  it 
has  made  us  laugh  heartily,  not  the  book  itself,  or  its  style,  but  tn4  subject  as  it  stands 
divested  of  the  miserable,  but  cunning  accessories  which  charlatans  have  wound  round 
It.  The  subject  is  completely  dissected,  body  and  bones,  if  anything  '  spiritual '  can  be 
said  to  have  those  human  necessaries.  It  is  strangled,  torn  asunder,  dragged  like  the 
less  hideous  Caliban  through  briars,  and  torn  on  the  inquisitorial  wheel  of  the  author's 
research,  shook  out  like  dust  from  a  Dutchman's  pipe,  swept  down  like  so  much  cobweb, 
riddled  like  the  target  of  a  crack  company,  and  altogether  '  used  up  ' — in  fact,  in  the 
words  of  Sir  Charles  Coldstream,  there  is  '  nothing  in  it.'  The  illustrations  are  very 
humorous  and  numerous,  and  the  printing  excellent." — National  democrat. 

"  Mr.  Matison  attacks  the  subject  at  its  advent  in  Rochester ;  scatters  the  '  Fox  '  aud 
'  Fish  '  families  to  the  winds  with  his  pertinent  reasoning-  and  well-directed  sarcasm; 
marks  its  progress,  upsetting  more  theories  than  the  spirits  ever  did  tables,  and  by 
copious  extracts  from  noted  'spiritual'  publications,  shows  the  pernicious  tendencies  of 
•the  new  philosophy,' exhibiting  more  deep-laid  villainy  than  even  its  most  inveterate 
enemies  had  supposed  it  capable  of  possessing." —  Worcester  Palladium. 

"  It  is  decidedly  the  best  thing  we  have  seen  on  the'Subject.  It  is  a  book  of  keen  logi" 
withering  satire,  and  unanswerable  facts.  He  has  stripped  to  absolute  nudity,  this  syg 
tern  of  delusion  and  infidelity  ;  showing  its  abettors  to  be  composed  of  knaves  ana 
fools  ! — deceivers  and  deceived.  Let  it  pass  round." — Pittsburgh  Christian  Advocate. 

"  We  can  only  heartily  and  confidently  recommend  it  to  our  readers,  as  thoroughly 
'  unveiling  '  the  latest  humbug  of  our  day,  showing  it  up  in  all  its  nakedness  and  defor 
mity,  and  leaving  us  nothing  more  to  desire  on  the  subject  of  which  it  treats." — N.  T. 
Church  Advocate  and  Journal. 

"This  Is  a  well  printed  volume  of  some  200  pages.  The  author  is,  of  cour»,  a 
disbeliever  in  modern  spiritualism,  and  the  book  is  the  result  of  his  investigations  of  the 
BO-called  phenomenon.  It  gives  a  history  of  the  rise  of  spirit  knocking,  in  connection 
with  the  Fox  family,  and  its  progress  to  medium  writing,  table  tipping,  &c.  The  writer 
eeems  to  have  performed  the  task  he  gave  himself  with  considerable  thoroughness  and 
great  industry.  We  comirend  the  book  to  the  perusal  of  those  who,  unwilling  to  give  up 
common  sense  and  the  teachings  of  reason  and  philosophy,  have,  nevertheless,  found  in 
the  demonstrations  of  so-called  Spiritualism  much  that  they  have  been  unable  to  account 

for  except  upon  the  theory  of  th«  l  Sp: ritualists  '  themselves."  -  Troy  WTiig. 

38 


J.    C.    TiEKBV  S    PUBLICATIONS. 


THE     LIFE    AND    SAYINQS    OF  *  MRS. 
PAliTINQTON, 

AND    OTHERS    OF    THE    FAMII.F. 

JBY  B.  P.  8HILLABER. 
1  elegant  12mo.,  43  Illustrations.    Price  $1  25. 

"'Hang  the  books  I'  said  an  appreciative  examiner,  to  whom  we  handed  a  copy  for 
Inspection, '  I  can't  afford  to  buy  them,  but  I  can't  do  without  this ;'  and  laughing  unth 
the  tears  ran,  he  drew  forth  the  purchase-money.  It  is  just  so,  reader ;  you  can't  do 
without  this  book.  It  is  so  full  of  genial  humor  and  pure  human  nature  that  your  wife 
and  children  must  have  it,  to  be  able  to  realize  how  much  enjoyment  may  be  shut  up 
within  the  lids  of  a  book.  It  is  full  of  human  kindness,  rich  in  humor,  alive  with  wit, 
mingled  here  and  there  with  those  faint  touches  of  melancholy  which  oft-timea  touch 
Mirth's  borders." — Clinton  Courant. 

"  She  has  caused  many  a  lip  to  relax  from  incontinent  primness  into  the  broadest  kind 
of  a  grin — has  given  to  many  a  mind  the  material  for  an  odd  but  not  useless  revery — has 
Bcooped  out  many  a  cove  on  the  dry  shores  of  newspaper  reading,  and  invited  the  mariner 
reader  to  tarry  and  refresh  himself.  '  Ruth  Partington '  is  a  Christian  and  a  patriot. 
Such  a  book  will  go  everywhere — be  welcomed  like  a  returned  exile — do  good,  and  cease 
not." — Buffalo  Express. 

"  If  it  is  true  that  one  grows  fat  who  laughs,  then  he  who  reads  this  book  will  fat  up, 
even  though  he  may  be  one  of  Pharaoh's  '  lean  kine.'  That  it  does  one  good  to  laugh, 
nobody  doubts.  We  have  shook  and  shook  while  running  through  this  charming  volume, 
until  it  has  seemed  as  though  we  had  increased  in  weight  some  fifty  gounds,  more  or 
less."-  j-Massachusetts  Life  Boat. 

"  A  regular  Yankee  institution  is  Mrs.  Partington,  and  well  deserves  the  compliment  of 
a  book  devoted  to  her  sayings  and  doings.  She  is  here  brought  before  the  public,  which 
is  so  greatly  indebted  to  her  unique  vocabulary  for  exhaustless  stores  of  fun,  in  a  style 
Worthy  of  her  distinguished  character."—^.  Y.  Tribune. 

"  There  is  a  world  of  goodness  in  her  blessed  heart,  as  there  is  a  universe  of  quiet  fun 
in  the  book  before  us.  'A  gem  of  purest  ray  serene '  glitters  on  almost  every  page. 
Everybody  should  buy  the  book ;  everybody,  at  least,  who  loves  genial,  quiet  wit,  which 
never  wounds,  but  always  heals  where  it  strikes." — Independent  Democrat. 

"  It  is  crammed  full  of  her  choicest  sayings,  and  rings  from  title  page  to  « finis '  with  hei 
unconscious  wit.  It  is  just  the  book  for  one  to  read  at  odd  moments — to  take  on  the  cars 
or  home  of  an  evening — or  to  devour  in  one's  office  of  a  rainy  day.  It  is  at  excellent 
antidote  for  the  blues." — Oneida  Herald. 

"  Housewives  who  occasionally  get  belated  about  their  dinner,  should  have  it  lying 
round.  It  will  prevent  a  deal  of  grumbling  from  their  '  lords,'  by  keeping  them  so  well 
employed  as  to  make  them  forget  their  dinner." — New  Hampshire  Telegraph. 

"  Her  '  sayings '  have  gone  the  world  over,  and  given  her  an  immortality  that  will  glittef 
and  sparkle  among  the  records  of  genius  wherever  wit  and  humor  shall  be  appreciated.'1 
—  Worcester  Palladium.  J 


J.    C.    DERBY  S    PUBLICATIONS. 


THE    MORN1NQ    STARS    OF     THE    NEW 
WORLD. 

BY  n.  F.  PARKER. 

1  elegant  12mo.  volume,  over  400  pages,  six  Illustrations.    Price  $1  25. 

CONTENTS  :— Columbus — Yespucius — De  Soto — Raleigh— Hudson — Smith 
— Standish— Arabella  Stuart— Elliott  and  Penn. 

"  An  unpretending  work,  yet  a  valuable  one.  The  authoress  must  have  entered  upon 
her  task  with  hearty  enthusiasm,  as,  while  adhering  strictly  to  the  simplest  truth,  she 
has  thrown  around  her  portraits  a  new  charm,  and  given  to  them  a  refreshing  novelty 
of  aspect.  A  galtery  of  striking  portraits  worthy  of  preservation  and  a  galaxy  of  stars 
whose  morning  light  must  not  be  obscured  in  the  noon-tide  brilliancy  of  a  successful 
present.  Ir,  just  such  a  form  as  this  should  they  lie  on  our  book-tables,  reminders  of  the 
past,  shorn  of  the  technicalities  of  the  history,  and  presented  in  strong  relief.  The  came 
of  the  authoress  is  one  almost  unknown  ;  but  she  deserves  the  thanks  of  the  public  for 
her  well  written  book  in  which  she  has  given  a  convenient  medium  of  communication  with 
days  of  long  ago — days  that  never  should  be  forgotten  even  by  the  busy,  bustling  world 
that  cannot  stop  to  go  back  even  to  the  days  of  their  own  forefathers.  The  book  proves 
itself  a  very  entertaining  one  for  the  young,  who  declare  themselves  unable  to  leave  its 
fascinating  pages." —  Worcester  Palladium. 

44  A  more  appropriate  name  could  not  have  been  given  to  a  book  which  contains  all 
that  is  interesting  in  the  lives  of  the  master  spirits  to  whom  the  world  may  be  said  to  owe, 
firstly  the  discovery  of  this  great  continent;  and  secondly,  the  establishment  upon  it,  of 
European  colonies.  -  In  no  other  single  work,  of  whose  existence  we  are  aware,  are  there 
to  be  found  so  many  sketches  of  the  discoverers  and  first  settlers  of  the  principal  parts 
of  the  new  world,  which  are  at  once  so  concise  and  comprehensive,  as  those  given  in  the 
4  Morning  Stars.'  They  are  truly  multum  in  parvo." — Philadelphia  News. 

"  The  authoress  has  fashioned  her  materials  in  a  very  winning  garb,  and  with  a  spirit 
and  feeling  rarely  kindled  in  preparing  succint  biographies,  imparts  her  glowing  appre 
ciation  of  their  subject  to  the  reader.  We  hope  this  volume,  while  in  itself  it  will  be 
valuable  to  the  young,  will  lead  them  to  more  extended  historical  reading,  and  especially 
of  that  which  pertains  to  our  colonial  life,  and  to  our  own  country.  It  is  well  that  they 
should  be  reminded  of  the  conflicts  and  sacrifices  which  purchased  their  present  luxuri 
ous  immunities.  They  cannot  begin  better  than  with  this  charming  volume,  which  they 
will  not  leave  unfinished."— New  Bedford  Mercury. 

44  This  book  is  alike  novel,  and  fortunate  in  its  title  and  its  character.  It  contains  very 
satisfactory  sketches  of  ten  of  the  great  spirits  the  history  of  whose  lives  blends  itself 
most  intimately  with  the  earliest  history  of  our  country.  It  was  a  beautiful  thought ;  and 
It  is  carried  out  in  a  manner  that  can  hardly  fail  to  secure  to  the  work  many  delighted 
readers." — Albany  Argus. 

44  The  book  has  all  the  charm  of  romance,  and  the  value  of  genuine  history.  It  is 
written  with  spirit  and  vigor,  and  at  the  same  time  with  precision  and  taste.  The  grouping 
together  of  such  men  briugs  the  reader  into  the  best  of  company." —  Utica  Herald,  fi 


.  DERBY'S  PUBLICATIONS. 


THK    QREEN    MOUNTAIN    TRAVELLERS* 
ENTERTAINMENT. 

BY  JO 81 A H  BARNES,    SEN. 
12mo.     $1. 

"  They  will  be  read  with  earnest  sympathy  and  heartfelt  approval  by  all  who  enjoy 
quiet  pictures  of  the  homely,  yet  often  charming  scenes  of  daily  life.  The  style  well 
befits  the  thoughts  expressed,  and  is  equally  simple  and  impressive.  We  have  found  in 
these  pages  better  than  a  '  traveller's  entertainment '—one  which  will  mingle  with  the 
pleasant  recollections  of  a  home  fireside." — Providence  Daily  Post. 

"  If  any  of  our  friends  wish  to  get  hold  of  a  book  written  in  a  style  of  pure  and  beau 
tiful  English,  that  reminds  one  of  Irving  continually  ;  a  book  rich  with  inventions  of  the 
marvellous,  and  yet  abounding  in  sweet  humanities  and  delicate  philosophies — a  book 
that  will  not  tire  and  cannot  offend,  let  them  go  to  a  bookstore  and  buy  '  The  Old  Inn  ; 
or,  the  Travellers'  Entertainment,'  by  Josiah  Barnes,  Sen.  It  will  pay  the  reader  well." 
— Springfield  (Mass.)  Republican. 

"It  should  be  praise  enough  to  say  that  the  author  reminds  one  occasionally  ol 
Irving."— Philadelphia  Bulletin. 

"  Unless  we  err  greatly,  a  volume  so  markedly  original  in  its  outline  and  features  wiU 
attract  a  large  share  of  attention." — Boston  Evening  Gazette. 

"  This  5a  a  very  pleasant  book.  The  plan  of  it,  if  not  new,  is  just  as  well  carried  out. 
'Five  'r  six  'r  half-a-dozen  '  travellers  meet  at  an  indifferent  tavern  in  an  indifferent 
part  of  Vermont,  upon  a  seriously  unpleasant  day,  and  to  pass  away  the  dull  hours,  they 
fall  to  story-telling.  The  record  of  their  performances  in  that  behalf  is  made  up  into  the 
volume  '  above  entitled.'  So  agreeable  became  the  diversion  that  not  only  the  evening 
of  the  first  day,  but  as  the  following  morning  was  conveniently  stormy,  the  second  day 
Is  consumed  in  similar  diversions.  Those  who  read  the  book  will  agree  with  us,  Inat  a 
stormy  r*ay  and  a  country  inn,  with  such  alleviation,  presents  no  very  great  hardship  to 
vhe  traveller,  unless  his  business  is  particularly  urgent.  We  commend  the  book  to  thosa 
vho  like  a  pleasant  story,  pleasantly  told." — Budget,  Troy,  N.  Y. 

"  Under  the  above  title  we  have  several  interesting  stories  as  told  by  the  various  cha- 

icters  at  tne  fireside  of  a  comfortable,  old-fashioned  inn,  to  while  away  the  long  hours 

!•    storra,  by  which  they  were  detained     The  Little  Dry  Man's,  the  supposed  Lawyer's, 

*ud  the  Quaker's  stories  are  all  worth  listening  to.    They  are  well  told  and  entertain  the 

r«..j.der." — Banff  or  Journal. 

M  This  is  a  series  of  stories,  supposed  to  be  Delated  to  while  away  the  time,  in  an  old 
inn,  where  a  party  of  travellers  are  storm-stayed,  consisting  of  the  '  Little  Dry  Man's 
Story,' the 'Supposed  Lawyer's  Story,' 'Incidents  of  a  Day  at  the  Inn,'  the  'Quaker's 
Story,'  and  '  Ellen's  Grave.'  The  stories  are  well  told.  There  is  a  charming  simplicity 
In  the  author's  style — all  the  more  delightful,  because,  now-a-days,  simplicity  of  lan 
guage  is  a  rarity  with  authors.  It  is  a  book  to  take  up  at  any  moment,  and  occupy  a 
leisure  hour — to  lay  aside,  and  take  up  again  and  again.  We  commend  its  tone,  and 
the  object  of  the  author.  It  is  a  pleasant  companion  on  a  country  journey." — N.  J 
Dispotdi. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 


LOAN  DEPT. 


TT  RENEWALS  ONLY— TEL.  NO.  642-3405 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


FPR  1  0 1970  S  i 


YE  37490 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


